High Court of Punjab and HaryanaCRM-M/21342/2017allowed

Sahib Singh @ Kala Singh v. State Of Punjab

2017-09-18Mr. Justice Harinder Singh Sidhu3 pages

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& * *+ " *" ,,,, 2 3 - .&/ &0# 121#$ %" 3 ".&/ &0# 14##$ % 3 ".&/ &0# 14!#$ % 3 .& / &0# 12$#$ % 3 " 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.45, dated 18.04.2017, registered at Police Station Julkan, District Patiala, under Sections 326, 324, 323, 506, 379, 148 and 149 of the Indian Penal Code. Notice of motion has been issued in these cases. Learned State counsel put in appearance on behalf of the respondent-State and contested these petitions.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that simple injury with blunt weapon has been attributed to petitioner Sahib Singh alias Kala Singh. As regards, petitioner-Pooja alias Pooja Devi, no specific injury has been attributed to her and she was not armed with any weapon. So far as, petitioner-Rani is concerned, simple injury with dang to Baljit Kaur has been attributed to her. As regarding, petitioner-Akki and Gurdial Kaur @ Gurdiyalo Kaur, only fist

#$%&'()*+%%,+),-+#.,. blows are attributed to them. As regarding, petitioners Salma and Maya Devi simple injury with dang has been attributed to them. As regarding, petitioners-Anju, Ghotan and Mamta, only fist blows have been attributed to them and qua petitioner-Binder Kaur simple injury with dang has been attributed to her.

All the petitioners have already joined the investigation in pursuance of the interim order dated 08.06.2016 passed by this Court. None of them is the main accused. They are not required for custodial interrogation. Therefore, no useful purpose will be served by sending the petitioners to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in these petitions and the same are allowed. The order dated 08.06.2017 passed separately in the aforesaid petitions, granting interim bail to the petitioners, are made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

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