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2014 DIGILAW 211 (PNJ)

Tarlok Singh v. State of Punjab

2014-01-27

INDERJIT SINGH

body2014
JUDGMENT Mr. Inderjit Singh, J.:- This order shall dispose of Criminal Misc.No.M-32284 of 2013 filed by petitioner Tarlok Singh and Criminal Misc.No.M-32676 of 2013 filed by petitioner Kanwaljit Singh under Section 438 Cr.P.C., seeking anticipatory bail in case FIR No.57 dated 30.07.2013, registered at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib, under Sections 326, 325, 324, 323, 506, 148 and 149 IPC. 2. Learned counsel for the petitioners contends that there is delay of 40 days in lodging the FIR. Both the petitioners have already joined the investigation. 3. On the other hand, learned State counsel opposed the bail applications. However, at the same time, he admitted that the petitioners have joined the investigation and weapon of offence has already been recovered. 4. I have heard learned counsel for the petitioners and learned State counsel and have gone through the record. 5. As per prosecution version, petitioner Tarlok Singh was stated to be armed with ‘kirpan’ and grievous injury under Section 326 on the little finger of Gora Singh has been attributed to him. Injury attributed to petitioner Kanwaljit Singh, on the wrist of Gora Singh, is from the reverse side of ‘gandasa’. The petitioners have already joined the investigation and nothing is to be recovered from them, they are not required for custodial interrogation. Even otherwise, there is delay of 40 days in lodging the FIR. No useful purpose will be served by sending the petitioners to custody. 6. Keeping in view the facts and circumstances of the case and the fact that there is delay of 40 days in lodging the FIR and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, both the petitions are accepted and the orders dated 09.10.2013 (in Criminal Misc.No.M-32284 of 2013) and 25.10.2013 (in Criminal Misc.No.M- 32676 of 2013), passed by this Court, granting interim bail to the petitioners are made absolute.