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(2020) Law Today Live Doc. Id. 15131 = 2020 L.A.R. (e-Suppl.) 381
Decided on: 14.07.2020
In virtual Court
Present:
Mr. Harinder Singh Aujla, Advocate for the petitioner.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 323, 324, 326 458, 34 – Grievous hurt not attributed to petitioner -- Anticipatory bail -- Injury attributed to the petitioner is simple in nature and one of the co-accused has already been granted protection against his arrest – Petition allowed, in the event of arrest, the petitioner be released on bail.
(Para 1, 5, 6)
JUDGMENT
RAJBIR SEHRAWAT, J. (ORAL) –
1. The present petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.31 dated 14.03.2020 registered under Sections 323, 324, 458, & 34 IPC (Section 326 IPC, added later on) at Police Station Sadar Rampura, District Bathinda.
2. It is contended by the counsel for the petitioner that the case against the petitioner is totally concocted. Even as per the case of the prosecution, the attribution to the petitioner is of simple injury only. The injury, inviting Section 326 IPC, is attributed to other co-accused and not to the petitioner. It is also submitted that the one co-accused of the petitioner has already been granted protection by this court.
3. Notice of motion.
4. Mr. Sidakmeet Sandhu, AAG, accepts notice on behalf of the State of Punjab.
5. Learned counsel for the State, being instructed by SI Baljeet Singh, has submitted that the name of the petitioner has specifically been mentioned in the FIR. He has been attributed a blow with gandasa on the cheek of the complainant. However, it is not disputed that the injury attributed to the petitioner is simple in nature and that one of the co-accused has already been granted protection against his arrest by this court.
6. In view of the above, but without commenting anything on merits of the case, the present petition is allowed. In the event of arrest, the petitioner be released on bail subject to his furnishing personal bonds/surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.
Petition allowed.
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