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2014 DIGILAW 1416 (PNJ)

Bhawanpreet Bhangu v. State of Punjab

2014-10-13

AJAY TEWARI

body2014
JUDGMENT Mr. Ajay Tewari, J. (Oral):- This order shall dispose of the above mentioned two petitions for anticipatory bail as they both have arisen out of a common FIR. CRM No. 31252 of 2014 in CRM-M No. 32489 of 2014 2. This is an application seeking permission to add Section 379 IPC in the petition in the FIR. 3. CRM allowed as prayed for. Registry is directed to add Section 379 in the FIR in the present petition wherever necessary. CRM-M Nos. 32489 and 34063 of 2014 4. These two petitions have been filed by the petitioner/s for the grant of anticipatory bail in case bearing aforesaid FIR No.117 dated 3.6.2014, under Sections 323, 324, 148, 149, 506 IPC(Sections 379, 326 IPC added later on), registered at Police Station Rupnagar, District Ropar. 5. Learned counsel for the petitioner/s have argued that similarly situated accused Inderjit Singh who is also not attributed any grievous injury was granted the concession of anticipatory bail by this Court vide order dated 24.09.2014 passed in CRM-M No. 24970 of 2014 but later on the police also added Section 379 IPC and arrested them thereby rendering the order passed by this Court infructuous. As per him the petitioners are similarly situated since no grievous injury is attributed to them. Learned Addl.AG has accepted the fact that the petitioners have not been attributed any grievous injury but states that the recoveries have not been made. 6. Learned counsel for the petitioner/s state that the petitioners will co-operate with the police in the investigation. 7. In my opinion once it has been accepted that no grievous injury has been attributed to either of the petitioners and Section 379 IPC is not mentioned in the first version, the petitioners cannot be discriminated against. 8. In the circumstances I deem it appropriate to grant the concession of anticipatory bail to the petitioners. Let the petitioners appear before the investigating officer on 21.10.2014 between 10.00 a.m. to 4.00 p.m. and on any other date on which their appearance is so required by the investigating officer. On their appearance the investigating officer shall release them on anticipatory bail to his satisfaction subject to the conditions as envisaged under Section 438(2) Cr.P.C. 9. Petitions stand disposed of. ---------0.B.S.0------------ ----------------------