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Tirath Singh vs State Of Punjab on 1 July, 2009

Punjab-Haryana High Court
Tirath Singh vs State Of Punjab on 1 July, 2009
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
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