Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
No.M-18712 of 2014 Date of Decision : August 11, 2014 Harbhajan Singh and another .....Petitioners VERSUS State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present : Mr.B.S.Jatana, Advocate for the petitioneRs.Mr.Gurinderjit Singh, Deputy A.G., Punjab.
Mr.L.S.Sidhu, Advocate for the complainant.
T.P.S.MANN, J.
(Oral) Prayer made in the petition is for grant of anticipatory bail to the petitioners in FIR No.31 dated 14.5.2014 under Sections 452, 323, 506, 148 and 149 IPC registered at Police Station Sadar, Budhlada.
While issuing notice, this Court vide order dated 28.5.2014 had directed the petitioners to appear before the Investigating Officer and join the investigation.
In the event of their arrest, they were ordered to be admitted to interim bail.
After obtaining instruction from ASI Gurdev Singh, learned State counsel has informed the Court that the petitioners have joined the investigation.
Learned counsel for the complainant has informed the Court that subsequent to the passing of the order dated 28.5.2014, both the petitioners opened an attack upon at Gurmail Singh, brother of the complainant on 20.7.2014 at 6.30 p.m.and caused injuries to him.
In this regard, he has Criminal Misc.
No.M-18712 of 2014 -2- produced photocopy of the FIR No.56 dated 4.8.2014 registered at Police Station Sadar, Budhlada under Sections 325/323/34 IPC as well as of the medico-legal report in respect of the injuries received by Gurmail Singh.
Learned counsel for the petitioners states that no such incident of 20.7.2014, as alleged by the complainant, had taken place.
In fact, Gurmail Singh had received injuries in an accident.
Further, in the said occurrence Soni Singh @ Sohan Singh-petitioner was not named as an accused.
However, learned counsel for the complainant submits that Gurmail Singh did not know the name of the Soni Singh @ Sohan Singh-petitioner and had, accordingly, stated that Harbhajan Singh-petitioner, alongwith three unknown persons, had launched an attack upon him on 20.7.2014.
However, during investigation, one unknown person has been identified to be as Soni Singh @ Sohan Singh-petitioner.
Once the petitioners are shown to have misused the concession of interim bail granted to them on 28.5.2014 and inflicted injuries upon Gurmail Singh, brother of the complainant on 20.7.2014, they are not entitled to the concession of anticipatory bail.
The petition is, accordingly, dismissed.
( T.P.S.MANN ) August 11, 2014 JUDGE satish SATISH KUMAR201408.12 11:43 I attest to the accuracy and integrity of this document Chandigarh