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(2024) Law Today Live Doc. Id. 19301 = 2024 :PHHC: 80032
Decided on: 14.06.2024
Present:
Mr. Shiv Kumar Sharma, Advocate for the petitioners.
(through Video Conferencing).
Indian Penal Code, 1860 (45 of 1860), Section 307, 506, 148, 149, 336 -- Arms Act, 1959 (54 of 1959), Section 25, 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 438 – Anticipatory bail -- Attempt to murder – Summoning u/s 319 Cr.P.C. -- Petitioners were found innocent during investigation -- Petition allowed, petitioners directed to appear before the trial Court on or before the date already fixed thereat -- On their such appearance, they shall be admitted to bail by the Court concerned on usual terms and conditions -- In the meantime, in case, petitioners are sought to be arrested, they shall be admitted to interim bail to the satisfaction of the Arresting Officer.
(Para 6-8)
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DEEPAK GUPTA, J. (ORAL) –
Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.24 dated 23.05.2023 under Sections 307, 506, 148, 149, 336 (added later on) of the IPC & Section 25, 27 of Arms Act registered at Police Station Bajakhana, District Faridkot.
2. Learned counsel contends that the two petitioners along with co-accused were named in the FIR but both of them were found innocent during investigation. It is pointed out that only role attributed to petitioner No.1-Kulwant Singh in the FIR is that he was sitting on the mudguard of a tractor and fired a shot hitting the leg of Karamjit Singh; whereas attribution to petitioner No.2- Major Singh is only to have raised lalkara.
3. Learned counsel further contends that later on petitioners have been summoned by the Court under Section 319 Cr.P.C. after recording the statement of the witnesses.
4. Notice of motion.
5. Mr. Somesh Arora, Addl. A.G., Punjab accepts notice on behalf of respondent- State whereas Mr. Amaninder Singh Sekhon, Advocate puts his appearance on behalf of the complainant and filed his power of attorney.
6. Learned State counsel concedes the fact that the two petitioners were found innocent during investigation and that they have been summoned under Section 319 Cr.P.C.
7. Having regard to the aforesaid facts and circumstances, the present petition is allowed. The two petitioners are hereby directed to appear before the trial Court concerned on or before 04.07.2024, the date already fixed thereat. On their such appearance, they shall be admitted to bail by the Court concerned on usual terms and conditions.
8. In the meantime, in case, petitioners are sought to be arrested, they shall be admitted to interim bail to the satisfaction of the Arresting Officer.
Petition allowed.
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