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High Court of Punjab and HaryanaCRM-M/35388/2016dismissed

Malkiat Singh v. State Of Punjab And Others

2016-10-21Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-35388 of 2016 (O&M) Date of Decision: October 21, 2016 Malkiat Singh

...Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.B.S.Bairagi, Advocate for the petitioner.

Ms.Shivali, Asstt. Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.81 dated 25.08.2016 under Sections 452, 324, 34 IPC (Section 326 IPC added later on), registered at Police Station Mehna, District Moga.

Notice of motion was issued and learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner and have gone through the record.

As per the allegations in the FIR, present petitioner was armed with dattar khanda and hit the complainant four times. Firstly, the petitioner hit the complainant near his right elbow, then on his ear, third Vineet Gulati 2016.10.24 12:26 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-35388 of 2016 -2time, he hit the complainant on head and fourthly on left back side of the head. The grievous injuries are attributed to the petitioner. It is also the allegation that Harjinder Kaur, wife of the complainant came to rescue, the petitioner also inflicted so many injuries to her. The petitioner being main accused, is required for custodial interrogation. The weapon is to be recovered from him. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I do not find it a fit case where petitioner is entitled to benefit of anticipatory bail. Therefore, finding no merit in the present petition, the same is dismissed.

October 21, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.10.24 12:26 I attest to the accuracy and authenticity of this document Chandigarh