JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioners-Mohan Singh son of Tehal Singh and others, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their main co-accused Sohan Singh and others, vide FIR No. 93 dated 29.10.2012, for the commission of offences punishable under Sections 323, 324 and 148 read with Section 149 IPC (the offence punishable under Section 326 IPC was later on added), by the police of Police Station Ghanie Ke Bangar, District Batala, invoking the provisions of Section 438 Cr.P.C. 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 assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 4. During the course of preliminary hearing, a Co-ordinate Bench of this Court (Rakesh Kumar Jain, J.), has passed the following order on June 11, 2013:- “Counsel for the petitioners, inter alia, contends that it is recorded in the order passed by the learned Additional Sessions Judge, Gurdaspur that the petitioners Mohan Singh and Kabal Singh have caused simple injuries and no injury is attributed to Gurmeet Singh and their anticipatory bail application has been dismissed only on the ground that they were members of the unlawful assembly. Notice of motion to the Advocate General, Punjab, for 10.07.2013. In the meantime, in the event of arrest of the petitioners, they shall be released on bail by the investigating officer on their furnishing bail bonds to his satisfaction. They shall also abide by the conditions contained in Section 438(2) of the Code of Criminal Procedure, 1973.” 5. At the very outset, on the instructions from ASI Tarsem Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. It is not a matter of dispute that only simple injuries are attributed to the present petitioners. The main injury subject matter of offence punishable under Section 326 IPC, is attributed to main accused Sohan Singh (nonpetitioner). There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate.
The main injury subject matter of offence punishable under Section 326 IPC, is attributed to main accused Sohan Singh (nonpetitioner). There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order dated June 11, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect. ---------0.B.S.0------------ ———————————