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2012 DIGILAW 924 (PNJ)

Kulwinder Singh alias Laddi v. State of Punjab

2012-07-17

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.205 dated 20.10.2011 under Sections 307, 324, 323, 341, 148 read with Section 149 of Indian Penal Code and Sections 25 and 27 of Arms Act, 1959 registered at Police Station Sadar Jagraon, District Ludhiana. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ludhiana dismissing anticipatory bail application filed on behalf of the petitioners. 3. This Court while issuing notice of motion on 28.05.2012 passed the following order:- “Crl.M.No.31890 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-15861 of 2012 Contends that main injuries have not been attributed to present petitioners-accused and that they were allegedly armed with baseball bats and, however, as per MLRs, there is no specific injury with baseball bats and, there are only general allegations of giving beatings with baseball bats. Notice of motion to Advocate General, Punjab, for 17.7.2012. However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” 4. It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 28.05.2012. 5. It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation. 6. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioners Kulwinder Singh alias Laddi and Sukhjinder Singh alias Jinder is accepted and order dated 28.05.2012 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. 8. The present petition stands disposed of accordingly. ---------0.B.S.0------------