Crl.Misc.No.M-13705 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl.Misc.No.M-13705 of 2009
DATE OF DECISION: 01.07.2009
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Tirath Singh
. . . . Petitioner
VS.
State of Punjab
. . . . Respondent
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Saurav Khurana, Advocate for the petitioner.
Ms.Rajni Gupta, Addl. A.G. Punjab for the respondent.
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RAKESH KUMAR JAIN J.(ORAL)
This is a petition under Section 438 Cr.P.C for
anticipatory bail in case registered vide FIR No.118 of 2008 dated
16.6.2008 under Sections 323, 324, 326, 148, 149 of IPC at Police
Station Jandiala, District Amritsar.
Learned counsel for the petitioner submits that since
the co-accused have already been enlarged on anticipatory bail,
therefore, the petitioner be also granted bail on parity.
Ms.Rajni Gupta, Addl. A.G. Punjab, on instructions
received from ASI Lakhwinder Singh has vehemently argued that
the other co-accused who have been granted anticipatory bail had
Crl.Misc.No.M-13705 of 2009 -2-
only caused simple injuries. Whereas as per the MLR of Jaswant
Singh (Complainant) injury No.6 is stated to have been caused by
Tirath Singh which is a grievous injury, therefore, the petitioner
cannot claim party with his co-accused who has caused simple
injury.
After hearing the learned counsel for the parties, I am of
the considered view that the petitioner is an accused of a serious
offence.
Hence, without commending upon the merits of the
case, I am not inclined to extend the benefit of anticipatory bail to
the petitioner and as such the application is dismissed.
(RAKESH KUMAR JAIN)
JULY 01, 2009 JUDGE
vivek
