Balwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.22230 of 2020 Date of Decision : 10.08.2020 Balwinder Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. Harpal S. Sidhu, Advocate for the Petitioner.

SUDIP AHLUWALIA, J. (ORAL) The instant Petition has been filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail in case FIR No.93, dated 19th March, 2020, registered under Sections 379-B(2) and 34 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station Sadar Amritsar, District Amritsar.

2.

Notice of motion.

3.

Mr. Sandeep S. Deol, Deputy Advocate General, Punjab to accept notice on behalf of the Respondent/State. A copy of the Paper-book be supplied to him.

4.

The Complainant in the case was robbed by two unknown persons with muffled faces and was hit on the head with a pistol butt. The complicity of the Petitioner has transpired from the Disclosure Statement of co-accused Amritpal Singh, who has since been arrested. DEEPAK KUMAR 2020.08.11 00:23 I attest to the accuracy and integrity of this document

CRM-M No.22230 of 2020 -25.

Strictly speaking Disclosure Statement by a co-accused is not regarded as admissible evidence for determining culpability of a person. But those standards are not hard and fast so far as the matter as yet is at the stage of investigation.

6.

In the present case, the Petitioner is stated to have hit the Complainant with the pistol butt and recovery of the aforesaid weapon along with the car used in the occurrence is yet to be effected. 7.

In the given circumstances, this does not appear to be a fit case to grant the discretionary relief of Anticipatory Bail to the Petitioner. 8.

Dismissed.

August 10, 2020 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2020.08.11 00:23 I attest to the accuracy and integrity of this document