IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-34572 of 2008
Date of decision: 12th February, 2009
Jiwan Kumar
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. K.S. Dhanora, Advocate for the petitioner.
Mr. Anter Singh Brar, Deputy Advocate General Punjab for
the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
A Coordinate Bench noticed that all offences, except under
Section 452 IPC, are bailable and ordered that petitioner be released on
interim bail.
Counsel for the State has submitted that during interrogation,
petitioner has not handed over weapon of offence, i.e., Kirpan and has not
given his passport and there is apprehension that petitioner will flee from
the country.
Taking the contentions of Counsel for the State into
consideration, it is directed that petitioner shall furnish regular bail bonds
in the Court of Area Judicial Magistrate. Regular bail bonds so furnished,
shall enure till the conclusion of the trial. The Court, if deem necessary,
may take necessary steps so that petitioner is not able to flee from India.
This Court cannot loose sight of the fact that the injuries caused in the
occurrence are simple in nature attracting offence under Section 323 and
Criminal Misc. No. M-34572 of 2008
324 IPC. If the weapon is not handed over by the petitioner, necessary
inference will be drawn by the trial Court, while appreciating evidence.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 12, 2009
rps