Pawan Kumar v. State Of Punjab
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20.12.2023 Division No.1, Pathankot 323, 324, 427, 506, 148 and 149 of IPC, 1860 (Section 326 of IPC added later on) 2 3 "
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4.
Status report has been filed by the respondent-State. Learned State counsel has submitted that the petitioner has joined investigation and his custodial interrogation is no more required, but keeping in view the gravity of the defence, he does not deserve to be given benefit of bail. 5.
I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.
6.
The petitioner is alleged to have formed unlawful assembly with 7-8 unknown persons including the co-accused Rajni Bala, who has been extended benefit of bail and in prosecution of common object of that unlawful assembly, is alleged to have damaged the barbed fencing wire over the plot which is allegedly claimed to be in possession of the present complainant and is further alleged to have caused injuries to him and criminally intimidated him. One of such injuries is found to be grievous in nature. The petitioner had joined the investigation at the time when he had moved an application for grant of pre-arrest bail before the Court of learned Additional Sessions Judge, Pathankot and had also joined investigation in pursuance of order passed by this Court on 01.02.2024 and even subsequently. The subject offences are triable by Magistrate.
The petitioner has submitted that he was not carrying any datar at the time of occurrence and has even placed on record sworn affidavit (Annexure P-5) in this regard. His custodial interrogation is no more required.
petitioner deserves to be given pre-arrest bail. T#
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