Makhan Lal vs State Of Punjab on 22 August, 2008

Criminal Misc. No. M-20332 of 2008                                   1




     In the High Court of Punjab and Haryana, at Chandigarh.


                  Criminal Misc. No. M-20332 of 2008

                     Date of Decision: 22.8.2008



Makhan Lal
                                                            ...Petitioner
                                Versus
State of Punjab
                                                         ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr.Anupam Singla, Advocate
         for the petitioner.

         Mr. P.S.Bajwa, Assistant Advocate
         General, Punjab, for the respondent-State.


Kanwaljit Singh Ahluwalia, J. (Oral)

on 20.8.2008, this Court passed the following order:-

Counsel for the petitioner contends that

the petitioner was member of mob which threw brick

bats and hit Mukhtiar Singh, Gunman on the right

leg and right side of his head. Counsel further

submits that no evidence has been gathered as the

brick bat which hit Mukhtiar Singh was thrown by

which member of the mob. Counsel further rely upon

order passed in Criminal Misc. No. M-18592 of

2008, which is fixed for 22.8.2008. Counsel also
Criminal Misc. No. M-20332 of 2008 2

states that brick bat injury on the right leg and right

side of the head of Mukhtiar Singh may not attract

Section 307 IPC. Counsel further submits that

Gunman Mukhtiar Singh fired a shot in the

occurrence.

Issue notice of motion to learned Advocate

General, Punjab.

On the asking of the Court Mr. P.S.Bajwa,

learned Assistant Advocate General, Punjab,

accepts notice on behalf of the State. A copy of

petition has been supplied to him.

Meanwhile, in the event of arrest,

petitioner shall be released on interim bail to the

satisfaction of the Arresting Officer. Petitioner shall

join investigation as and when called for. Petitioner

shall also abide by the conditions specified under

Section 438(2) Cr.P.C.

To be heard along with Criminal Misc. No.

M-18592 of 2008 on the date fixed”.

Counsel for the petitioner submits that in the FIR it has been

recorded that Mukhtiar Singh, Gunman who fired a shot at the relevant

time was posted with S. Sikander Singh Maluka, Ex-Akali Minister and

now prominent member of ruling party. Counsel further states that S.

Sikander Singh Maluka was present at the time of occurrence. Counsel

further states that in order to save the Gunman, who fired a shot,

present FIR has been concocted after consultations and deliberations.
Criminal Misc. No. M-20332 of 2008 3

For the reasons given in the order dated 20.8.2008 and

submissions made by counsel for the petitioner today that Investigating

Agency is inimical towards the petitioner, interim bail granted vide order

dated 20.8.2008 is made absolute till the submission of report under

Section 173 Cr.P.C. (challan). Thereafter, petitioner shall be permitted to

furnish regular bail bonds to the satisfaction of the trial Court.

The present petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
August 22, 2008
“DK”