Crl. Misc. No. M-20294 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-20294 of 2009
Date of Decision : August 19, 2009
Mahanga Singh and others .... Petitioners
Vs.
State of Punjab .... Respondent
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. Parminder Singh-I, Advocate
for the petitioners.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab.
* * * L. N. MITTAL, J. (Oral) :
Mahanga Singh, Hoshiar Singh, Rajwinder Singh and Kanwar
Narinder Singh have filed this petition for anticipatory bail in case FIR
No.116 dated 17.07.2008, under Sections 302, 323, 148, 149, 120-B of the
Indian Penal Code (in short – IPC) and Sections 25 and 27 of the Arms Act,
registered at Police Station Nahianwala, District Bathinda.
I have heard learned counsel for the parties and perused the
case file.
Injury relating to offence under Section 307 IPC was attributed
to one Raj Bhupinder Singh (non-petitioner), who has, however, been found
innocent by the police. Learned State counsel, even after seeking
Crl. Misc. No. M-20294 of 2009 2
instructions from SI Kaur Singh, is unable to inform the Court as to who
else caused the said injury as per investigation. However, it is stated that
petitioners no.1 to 3 were armed with daangs and petitioner no.4 with
gandasa. It is also stated that only simple injury with blunt weapon is
attributed to petitioners no.1 and 2 and no injury is attributed to petitioner
no.3 and 4.
In view of the aforesaid, without commenting anything on
merits, the instant petition is allowed. In the event of arrest, the petitioners
shall be released on interim bail on furnishing bail bonds to the satisfaction
of the Arresting Officer, subject to the condition that the petitioners shall
join investigation as and when required by the police and shall comply with
the conditions specified in Section 438 (2) of the Code of Criminal
Procedure. Presently, the petitioners are directed to join investigation on
26.08.2009 at 10:00 A.M. The instant order shall remain effective till one
month after the filing of the charge-sheet by the police or till decision of
regular bail application(s) of the petitioner(s), which ever is earlier.
The petition stands disposed of accordingly.
August 19, 2009 ( L. N. MITTAL ) monika JUDGE