Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-26175 of 2013 Date of Decision : June 30, 2014 Gurbachan Singh and others .....Petitioners VERSUS State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present : Mr.N.S.Sodhi, Advocate for the petitioneRs.Mr.Gurinderjit Singh, Deputy A.G., Punjab.
Mr.V.K.Sandhir, Advocate for the complainant.
T.P.S.MANN, J.
(Oral) Prayer made in the petition is for grant of anticipatory bail to the petitioneRs.The present petition had come up for preliminary hearing before a co-ordinate Bench of this Court on 13.8.2013, when after hearing learned counsel for the petitioneRs.notice was issued and the petitioners were granted ad-interim relief of anticipatory bail.
Learned State counsel, after obtaining instructions from ASI Karnail Singh, has informed the Court that the petitioners have joined the investigation.
However, learned CRM M-26175 of 2013 -2- counsel for the complainant has submitted that subsequent to the passing of the order dated 13.8.2013, Piara Singh-petitioner alongwith others assaulted and caused injuries to Vir Singh out of the complainant party on 16.10.2013 at about 3.30 p.m.On 17.10.2013, FIR No.161 was registered at Police Station Sarhali, District Tarn Taran under Sections 324/323/149, 148 IPC at the instance of Vir Singh.
In this regard, he has drawn the attention of the Court to the copy of the FIR dated 17.10.2013 which stands appended with the present petition as Annexure A-2.
It is not in dispute that the petitioners are attributed causing of simple injuries in the present case.
However, the fact remains that subsequent to being granted the concession of ad- interim bail by this Court on 13.8.2013, Piara Singh-petitioner has misused the concession by assaulting and causing injuries to Vir Singh and in that regard aforementioned FIR No.161 dated 17.10.2013 stands registered at Police Station Sarhali.
According to the counsel for the petitioneRs.a cross case has also been initiated vide DDR No.13 dated 18.10.2013 in respect of the incident which had taken place on 16.10.2013.
In view of the above, Piara Singh-petitioner does not deserve the concession of anticipatory bail in the present case.
However, the said relief can be granted to the remaining petitioneRs.CRM M-26175 of 2013 -3- Resultantly, the petition is allowed qua Gurbachan Singh, Amar Singh and Kashmir Singh-petitioners and ad-interim order dated 13.8.2013 passed by this Court in their favour is made absolute.
The petition is, hereby, dismissed qua Piara Singh-petitioner.
( T.P.S.MANN ) June 30, 2014 JUDGE ajay-1 Kumar-I Ajay 2014.07.01 14:06 I attest to the accuracy and integrity of this document Chandigarh