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High Court of Punjab and HaryanaCRM-M/24661/2015dismissed

Manpreet Singh @ Vicky v. State Of Punjab

2015-12-15Mr. Justice Krishna Murari2 pages

CRM-M-24661-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: December 15, 2015.

(1) CRM-M-24661-2015 (O&M).

Manpreet Singh @ Vicky ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * * (2) CRM-M-37191-2015 (O&M).

Kali @ Sarabjit Singh ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Proxy counsel for Ms.G.K.Mann, Advocate, for the petitioner in both the petitions.

Ms.H.K. Athwal, DAG., Punjab.

M.M.S. BEDI, J (ORAL).

This order will dispose of the above noted two petitions for the grant of pre-arrest bail i.e., one filed by Manpreet Singh @ Vicky and another filed by Kali @ Sarabjit Singh. Petitioners as members of unlawful assembly had allegedly waylaid the vehicle of Excise Inspector and assaulted him and interrupted the conduct of raid where a heavy quantity of liquor

CRM-M-24661-2015 (O&M) was expected.

Counsel for the petitioners has vehemently contended that if the case of the prosecution is accepted, it is a case of simple injury attributed to the petitioners, as such, the petitioners could be granted the concession of pre-arrest bail. After hearing the counsel for the petitioners as well as the State counsel and going through the record, it transpires that specific injury has been attributed to Manpreet Singh @ Vicky with Kirpan on the left arm of Manjinder Singh. Kali @ Sarabjit Singh is attributed injury with a sharp edge weapon on the left arm of Manjinder Singh. The injury is bone deep. The petitioners have interrupted the official of Excise Department on duty by assaulting them with sharp edge weapon. I have also appreciated the role attributed to the petitioners. The circumstances may warrant the grant of regular bail but no exceptional circumstances exist to grant the concession of pre-arrest bail to the petitioners. Both the petitions are dismissed without prejudice to the rights of the petitioners to seek concession of regular bail in accordance with law.

(M.M.S. BEDI) December 15, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.12.18 10:54 I attest to the accuracy and integrity of this document