Dilbagh Singh @ Bega And Another v. State Of Punjab

CRM No.M-35763 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 35763 of 2017(O&M) Date of Decision: December 5 , 2017.

Dilbagh Singh @ Bega and another ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. D.S.Sobti, Advocate for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioners in cross-version i.e., DDR No.25 dated 20.03.2017, under Sections 324/323/354/506/148/149/326 IPC arising out of FIR No.41 dated 20.03.2017 under Sections 452/323/506/427/148/149/325 IPC, registered at Police Station Majitha, District Amritsar.

It is submitted that the present is a case of version and crossversion. Three of the co-accused have been afforded the concession of anticipatory bail by this Court on 27.06.2017 in CRM No.M-21967 of 2017 (Annexure P5). Injury attributed to petitioner No.1 is on the right cheek of the Omkar Singh 2017.12.08 10:57 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-35763 of 2017 -2complainant. Petitioner No.2 is alleged to have caused injury on the right cheek of the complainant's wife. Both the petitioners are alleged to be holding brick pieces in their hands. Learned counsel for the petitioners submits that it is yet to be decided who is the aggressor in this case. It is submitted that the petitioners have joined investigation pursuant to order dated 26.09.2017 and they undertake to face the proceedings and not misuse the concession of anticipatory bail, if affirmed. Therefore, it is prayed that this petition be allowed. Learned counsel for the State submits that the petitioners have joined investigation. It is not denied that the present is a case of version and cross-version. The petitioners, it is verified, are not involved in any other criminal case.

There are no allegations on behalf of the State that the petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts before the Court, if released on bail. Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. Consequently, order dated 26.09.2017 is made absolute. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) December 5 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.12.08 10:57 I attest to the accuracy and authenticity of this document Chandigarh