Crm No. M-41639 of 2013 (Oandm) Vs. State of Punjab --respondent - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126323
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantCrm No. M-41639 of 2013 (Oandm)
RespondentState of Punjab --respondent
Excerpt:
in the high court of punjab & haryana at chandigarh crm no.m-41639 of 2013 (o&m) date of decision: 11.02.2014. jagdhir singh & another --petitioners versus state of punjab --respondent coram:- hon'ble mr.justice tejinder singh dhindsa. present:- ms.g.k.mann, advocate for the petitioners.mr.vaibhav sharma, d.a.g., punjab. mr.mohit rampal, advocate for the complainant. *** tejinder singh dhindsa.j this order shall dispose of the present petition filed under section 438 cr.p.c for grant of anticipatory bail to the petitioners in a cross case in f.i.r no.62 dated 28.6.2013 under sections 324, 323, 326, 148, 149 i.p.c registered at police station ramdass, district amritsar rural. learned counsel for the petitioners would submit that it is a case of version and cross-version. as per allegations of complainant iqbal singh, injuries were caused by the present petitioners.wherein petitioner no.1 jagdhir singh had given two blows of datar out of which one had hit his head and another on the right arm. in so far as petitioner no.2 mashoor singh is concerned, he is alleged to have given two kirpan blows upon the brother of iqbal singh namely harpal singh out of which one blow hit near the right eye and the second blow hit on the wrist of the left arm. the m.l.r of the complainant iqbal singh has been produced in court today. the injury attributed to petitioner no.1 on account of the blow of datar and which has been declared as grievous in nature, is on the lucky 2014.02.13 14:52 i attest to the accuracy and integrity of this document chandigarh crm no.m-41639 of 2013 (o&m) -2- right wrist i.e.a non-vital part of the body. the other injuries attributed to petitioner no.1 as also petitioner no.2 have been declared to be simple in nature. learned state counsel does not dispute the fact that the petitioners have since joined investigation and even the alleged weapons used at the time of occurrence i.e.datar as also a kirpan already stand recovered. it is also not disputed that co-accused namely amarjit singh to whom also an injury had been attributed which had been declared grievous in nature, has already been granted the concession of bail. in the totality of circumstances, i am of the considered view that the petitioners are entitled to the concession of pre-arrest bail. accordingly, the present petition is allowed. the order dated 11.12.2013 is made absolute. the petitioners.however, shall remain bound by the conditions enumerated under section 438 (2) cr.p.c.petition disposed of. (tejinder singh dhindsa) judge february 11, 2014. lucky
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-41639 of 2013 (O&M) Date of Decision: 11.02.2014.

Jagdhir Singh & another --Petitioners Versus State of Punjab --Respondent CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

Present:- Ms.G.K.Mann, Advocate for the petitioneRs.Mr.Vaibhav Sharma, D.A.G., Punjab.

Mr.Mohit Rampal, Advocate for the complainant.

*** TEJINDER SINGH DHINDSA.J This order shall dispose of the present petition filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioners in a cross case in F.I.R No.62 dated 28.6.2013 under sections 324, 323, 326, 148, 149 I.P.C registered at Police Station Ramdass, District Amritsar Rural.

Learned counsel for the petitioners would submit that it is a case of version and cross-version.

As per allegations of complainant Iqbal Singh, injuries were caused by the present petitioneRs.wherein petitioner no.1 Jagdhir Singh had given two blows of datar out of which one had hit his head and another on the right arm.

In so far as petitioner no.2 Mashoor Singh is concerned, he is alleged to have given two kirpan blows upon the brother of Iqbal Singh namely Harpal Singh out of which one blow hit near the right eye and the second blow hit on the wrist of the left arm.

The M.L.R of the complainant Iqbal Singh has been produced in Court today.

The injury attributed to petitioner no.1 on account of the blow of datar and which has been declared as grievous in nature, is on the Lucky 2014.02.13 14:52 I attest to the accuracy and integrity of this document chandigarh CRM No.M-41639 of 2013 (O&M) -2- right wrist i.e.a non-vital part of the body.

The other injuries attributed to petitioner no.1 as also petitioner no.2 have been declared to be simple in nature.

Learned State counsel does not dispute the fact that the petitioners have since joined investigation and even the alleged weapons used at the time of occurrence i.e.datar as also a kirpan already stand recovered.

It is also not disputed that co-accused namely Amarjit Singh to whom also an injury had been attributed which had been declared grievous in nature, has already been granted the concession of bail.

In the totality of circumstances, I am of the considered view that the petitioners are entitled to the concession of pre-arrest bail.

Accordingly, the present petition is allowed.

The order dated 11.12.2013 is made absolute.

The petitioneRs.however, shall remain bound by the conditions enumerated under Section 438 (2) Cr.P.C.Petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE February 11, 2014.

lucky