Please Log in / Register to access the full text of this judgment and the entire database
(2022) Law Today Live Doc. Id. 16542
Decided on: 06.01.2022
Present:
Mr. Veneet Sharma, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
Mr. P. S. Ahluwalia, Advocate for the complainant.
(Through video conferencing)
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Attempt to murder – Anticipatory bail -- Cross-case -- Submission that it is a case of version and cross-version and in the FIR case, father of the petitioner was murdered and cross-version was registered after 05 days -- It is further submitted that in the DDR version, the petitioner is attributed simple injury with a stick, whereas in the supplementary statement, the petitioner has caused a firearm injury -- It is also submitted that in the FIR version, two accused have already been granted the concession of anticipatory bail noticing the aforesaid facts – Further submitted that primarily, it is a dispute with regard to possession of agricultural land, which both the parties claim that they have purchased it and are in possession of the same and even in the anticipatory bail granted to accused in the FIR version, it is noticed that it is a case of free fight regarding the possession over the land in dispute -- Petitioner has joined the investigation and is no more required for any further investigation – Order granting interim bail confirmed.
(Para 1-5)
***
ARVIND SINGH SANGWAN, J. (ORAL) –
1. Prayer in this petition is for grant of anticipatory bail in DDR No.27 dated 22.05.2021 under Sections 307, 323, 324, 148, 149 IPC and Sections 25 & 27 of Arms Act, registered in FIR No.58 dated 17.05.2021 under Sections 302, 307, 323, 324, 148, 149 IPC, Sections 25 & 27 of Arms Act and Section 3(i)(r) of SC&ST Act, registered at Police Station Sadar Patti, District Tarn Taran.
2. The operative part of the order dated 13.12.2021, vide which the petitioner has been granted interim bail, is reproduced below:
“Learned counsel for the petitioner submits that it is a case of version and cross-version and in the FIR case, father of the petitioner Dhara Singh was murdered and the present cross-version was registered after 05 days. It is further submitted that in the DDR version, the petitioner is attributed simple injury with a stick, whereas in the supplementary statement, it is stated that the petitioner has caused a firearm injury. It is also submitted that in the FIR version, two accused namely Jagjit Singh and Paramjit Singh have already been granted the concession of anticipatory bail noticing the aforesaid facts.
Learned counsel has further submitted that primarily, it is a dispute with regard to possession of agricultural land, which both the parties claim that they have purchased it and are in possession of the same. It is next submitted that even in the anticipatory bail granted to accused in the FIR version, it is noticed that it is a case of free fight regarding the possession over the land in dispute.
Notice of motion for 06.01.2022.”
3. Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 13.12.2021, has already appeared before the SHO/Investigating Officer and has joined the investigation.
4. Learned counsel for the State, on instructions from ASI Nirmal Singh, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.
5. In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 13.12.2021, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition allowed.
********