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High Court of Punjab and HaryanaCRM-M/29700/2021dismissed

Lakha Singh v. State Of Punjab

2021-07-29Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29700-2021 (O&M) Date of Decision:- 29.7.2021 Lakha Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Arora, Advocate, for the petitioner. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court second time seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.331, dated 7.10.2019, Police Station Sadar Tarn Taran, District Tarn Taran, under Sections 326, 452, 324, 323, 34 IPC. 2.

Upon perusal of the earlier order dated 8.1.2020 passed by this Court, this Court finds that the earlier petition for grant of anticipatory bail was dismissed on merits by passing a speaking order. 3.

Learned counsel for the petitioner has submitted that there has been a substantial change of circumstances inasmuch as the co-accused namely Captain Singh, who was also armed with a 'sword' and is alleged to have caused injuries has been granted anticipatory bail by this Court vide order dated 18.08.2020 (Anneuxre P-2). PANKAJ KAKKAR 2021.07.29 20:38 I attest to the accuracy and integrity of this document

- 2 - CRM-M-29700-2021 (O&M) 4.

I have considered the aforesaid submission.

5.

A perusal of the earlier order dated 8.1.2020 shows that the earlier petition had been dismissed while considering the merits of the case. Hon'ble the Supreme Court in a recent case decided on 28.1.2021 i.e. Criminal Appeal No.84 of 2021, G.P.Ananda Babu Vs. State of Tamil Nadu has held that successive anticipatory bail application ought not to be entertained and that once the same has been rejected by a speaking order specious reasons of change of circumstances would not justify grant of bail.

6.

In the instant case, the mere fact that the another co-accused has been granted bail would not mean a substantial change of circumstances inasmuch as the role attributed to the petitioner and to the co-accused would be different.

7.

The petition is sans any merit and is hereby dismissed. 29.7.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.07.29 20:38 I attest to the accuracy and integrity of this document