JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner Angrej Singh @ Ghula son of Gurbax Singh, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him along with other co-accused, vide FIR No.130 dated 28.09.2012 (Annexure P1), for the commission of offences punishable under Sections 325, 323, 324, 295, 148 and 149 IPC, by the police of Police Station Chatiwind, Amritsar, invoking the provisions of Section 438 Cr.PC. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context. 4. During the course of preliminary hearing, a Coordinate Bench of this Court (Jaswant Singh, J.) passed the following order on 31.12.2012:- “Prayer in the present petition under Section 438 Cr.PC is for grant of anticipatory bail to accused petitioner in case FIR No.130 dated 28.9.2012 under Sections 325,323, 324, 295, 148/149 IPC, registered at PS Chatiwind, Amritsar. As per allegations in the FIR, the accused petitioner Angrej Singh alongwith his co-accused Shamsher Singh is alleged to have inflicted injuries while forcibly taking control of a Gurudwara. Learned counsel for the petitioner submits that the only nonbailable offence added in the FIR is in respect of Section 295 IPC and since the dispute between two groups is in respect of control of a Gurudwara, it is seriously debatable as to whether offence under Section 295 IPC would be made out or not. Notice of motion for 5.2.2013. Till then, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting/Investigating Officer. Petitioner shall appear before the I.O., as and when called upon for investigation and shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. 5. At the very outset, the learned State counsel, on instructions from ASI Ravel Singh, has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation & he is no longer required for further interrogation at this stage. There is no history of his previous involvement in any other criminal case. Moreover, the petitioner is stated to have been found innocent by the police. 6.
There is no history of his previous involvement in any other criminal case. Moreover, the petitioner is stated to have been found innocent by the police. 6. In the light of aforesaid reasons and taking into consideration the totality of the facts & circumstances, emanating from the record, as depicted herein- above, the instant petition is hereby accepted and the interim bail already granted to petitioner, vide order dated 31.12.2012 is made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC. Needless to mention that if the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his anticipatory bail, in this relevant connection.