Gurlal Singh And ANR. v. State Of Punjab

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

Criminal Misc. No.M-20163 of 2016 .....

Date of decision:10.8.2016 Gurlal Singh and another .....Petitioners v.

State of Punjab .....Respondent ....

Present:

Mr. Ashish Aggarwal, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.158 dated 26.9.2012 registered for the offences under Sections 307, 324, 323, 506, 148 and 149 IPC and Section 25 of the Arms Act and (Section 326 IPC, which was added later on) at Police Station Ajnala, District Amritsar Rural, in view of the order dated 2.3.2015 passed by learned Additional Sessions Judge, Amritsar, whereby the petitioners have been summoned as additional accused under the provisions of Section 319 Cr.P.C.

Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

Harpal Singh Parmar 2016.08.11 17:32 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-20163 of 2016 [2] I have heard learned counsel for the petitioner and learned Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.

From the record, I find that both the petitioners have been summoned by the trial Court under the provisions of Section 319 Cr.P.C as additional accused. They are neither required for interrogation nor anything is to be recovered from them. The trial of the case will take long time. No useful purpose will be served by sending the petitioners to custody. The petitioners in pursuance of the order dated 3.6.2016 passed by this Court granting interim bail have surrendered before the trial Court and they have been released on interim bail.

Keeping in view the facts and circumstances of the present case; I find merit in this petition and the same is allowed. The interim order dated 3.6.2016 passed by this Court granting interim bail to the petitioner is made absolute.

August 10, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.11 17:32 I attest to the accuracy and authenticity of this document Chandigarh