Present Mr.Narinder S. Lucky Advocate Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1056371
CourtPunjab and Haryana High Court
Decided OnJan-28-2013
AppellantPresent Mr.Narinder S. Lucky Advocate
RespondentState of Punjab
Excerpt:
crm-m-41451-2012 (o&m) in the high court of punjab and haryana at chandigarh crm-m-41451-2012 (o&m).date of decision: january 28, 2013. bansi lal and others ....petitioners versus state of punjab ....respondent coram: hon'ble mr.justice m.m.s.bedi present mr.narinder s. lucky, advocate, for the petitioners.mr.ankur jain, aag., punjab. m.m.s.bedi, j. (oral) petitioners seek the concession of pre-arrest bail in a case registered at the instance of ramesh lal alleging that the petitioners had gone to his shop and assaulted him. when the complainant had gone upstairs on the insistence of the petitioner to open the door, vicky, vipan and sunny had assaulted his niece asha rani. originally the petitioners had been granted the concession of pre-arrest bail but vide rapat dated 1.12.2012 offence under section 308 ipc has been added. i have heard the learned counsel for the petitioners and gone through the police file. it is apparent that offence under section 308 ipc has been added on the basis of the injury attributed to sunny petitioner no.6 on the angle of mandible of asha rani. 1 crm-m-41451-2012 (o&m) on the instructions of hc brij lal, it has been informed that the petitioners have joined investigation. taking into consideration the totality of the circumstances, the petition is allowed qua petitioner nos.1 to 5 and is dismissed qua petitioner no.6. it is ordered that petitioner nos.1 to 5, in case of their arrest shall be released on bail to the satisfaction of arresting officer subject to the conditions that they will join investigation as and when required. the application for pre-arrest bail of sunny is dismissed, he having been attributed a grievous injury on the mandible of asha rani. it has been informed, at this stage, that the matter has been compromised. it will be open to petitioner no.6 sunny to appear before the iilaqua magistrate and seek concession of regular bail in accordance with law from the court of competent jurisdiction on the said ground but no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail. (m.m.s.bedi) january 28, 2013. judge rka 2
Judgment:

CRM-M-41451-2012 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41451-2012 (O&M).Date of decision: January 28, 2013.

Bansi Lal and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.Narinder S.

Lucky, Advocate, for the petitioneRs.Mr.Ankur Jain, AAG., Punjab.

M.M.S.BEDI, J.

(ORAL) Petitioners seek the concession of pre-arrest bail in a case registered at the instance of Ramesh Lal alleging that the petitioners had gone to his shop and assaulted him.

When the complainant had gone upstairs on the insistence of the petitioner to open the door, Vicky, Vipan and Sunny had assaulted his niece Asha Rani.

Originally the petitioners had been granted the concession of pre-arrest bail but vide rapat dated 1.12.2012 offence under Section 308 IPC has been added.

I have heard the learned counsel for the petitioners and gone through the police file.

It is apparent that offence under Section 308 IPC has been added on the basis of the injury attributed to Sunny petitioner No.6 on the angle of mandible of Asha Rani.

1 CRM-M-41451-2012 (O&M) On the instructions of HC Brij Lal, it has been informed that the petitioners have joined investigation.

Taking into consideration the totality of the circumstances, the petition is allowed qua petitioner Nos.1 to 5 and is dismissed qua petitioner No.6.

It is ordered that petitioner Nos.1 to 5, in case of their arrest shall be released on bail to the satisfaction of arresting officer subject to the conditions that they will join investigation as and when required.

The application for pre-arrest bail of Sunny is dismissed, he having been attributed a grievous injury on the mandible of Asha Rani.

It has been informed, at this stage, that the matter has been compromised.

It will be open to petitioner No.6 Sunny to appear before the IIlaqua Magistrate and seek concession of regular bail in accordance with law from the Court of competent jurisdiction on the said ground but no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail.

(M.M.S.BEDI) January 28, 2013.

JUDGE rka 2