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2014 DIGILAW 328 (PNJ)

Palwinder Singh v. State of Punjab

2014-02-11

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of anticipatory bail to the petitioners, namely, Palwinder Singh and Harwinder Singh, who have been booked for having committed the offences punishable under Sections 307, 323, 325 and 506 read with Section 34, IPC, and Section 25 of the Arms Act, in a case arising out of FIR No. 135, dated 5.11.2013, registered at Police Station, Amargarh, District Sangrur. 2. Learned counsel contends that it is a case of version and cross-version; two persons, namely, Surjit Kaur and Gurpreet Singh, from the petitioners’ side had sustained multiple injuries on vital parts of their bodies, which have not been explained in the FIR registered against the petitioners; the injury attracting the mischief of Section 307, IPC, was caused by non-applicant, Daljit Singh @ Gopi, who has already been arrested; the petitioners have not been attributed any specific injury to any of the injured; and that in compliance of the order dated 13.12.2013, the petitioners did join the investigation and fully cooperated with the investigating agency. 3. Learned counsel for the State on instructions from ASI Major Singh of Police Station, Amargarh, District Sangrur, very fairly concedes that the petitioners have joined the investigation and after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted to the learned Area Judicial Magistrate. He further contends that the custodial interrogation of the petitioners is not required. 4. Learned counsel for the complainant though opposed the grant of anticipatory bail to the petitioners, but could not substantiate his submissions. 5. Heard. 6. The petitioners have joined the investigation and the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted, therefore, their custodial interrogation is not required. 7. Keeping in view the totality of the facts and circumstances of the case, the present petition is accepted. The order dated 13.12.2013 whereby ad interim bail was granted to the petitioners is made absolute. 8. The petitioners shall continue to appear before the learned Trial Court on each and every date of hearing unless ordered otherwise and abide by all the conditions laid down in Section 438(2), Cr.P.C. ---------0.B.S.0------------