Major Singh @ Raju 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 Rural. It has been contended by counsel for the petitioner that petitioner has been falsely implicated in this case. He submits that as per case of the prosecution, petitioner has been alleged to be armed with a Dattar and he has given a blow of the same on the left arm of the complainant. He submits that petitioner duly approached the Court of Additional Sessions Judge, Amritsar, for grant of anticipatory bail, however, the same was declined with erroneous observation that injury attributed to the petitioner falls under Section 326 IPC, however, as per MLR of the complainant, the injury attributed to the petitioner was declared simple. He submits that in the facts and circumstances, the petitioner deserves to be granted anticipatory bail. Issue notice of motion.

On the asking of the Court, Mr.Sandeep Kumar, DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent-State.

Adjourned to 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

CRM-M No.18333 of 2023 -2investigation 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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