Daler Singh v. State Of Punjab

 

 

            

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")* "Instant petition has been filed under Section 438 Cr.P.C. praying for grant of anticipatory bail to the petitioner in case FIR No.130, dated 03/11/2022, under Sections 324/326/506/148/149 IPC, registered at Police Station Bhindi Saidan, District Amritsar. It has been contended by counsel for the petitioner that petitioner has been falsely implicated in this case. He has submitted that petitioner is alleged to have armed with sota, which is a blunt weapon, and the injury under Section 326 IPC has been attributed to the co-accused of the petitioner, which was with a sharp edged weapon. He has submitted that petitioner has been implicated as a part of unlawful assembly and there is no specific injury attributed to him. It is further submitted that petitioner has no criminal antecedents and in view of the aforementioned facts, no case for custodial interrogation is made out, however, he is ready to join the investigation and abide by all the terms and conditions of the anticipatory bail if this Court considers his request for granting the same.

Issue notice of motion.

On asking of the Court, Mr.Sandeep Kumar, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondentState. List on 11.07.2023.





 In the meanwhile, in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall join investigation before the Investigating Agency/ Officer. He shall abide by the following conditions as envisaged under Section 438(2) Cr.P.C..- "(i) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so; (ii) That the petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) That the petitioner shall not leave India without prior permission of the Court."

State is directed to file status report on or before the next date of hearing".

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