Lachhman Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25861 of 2020 DATE OF DECISION : 03.09.2020 Lachhman Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. A. S. Sandhu, Advocate, for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioner seeks anticipatory bail in FIR No.78 dated 16.05.2020 under Sections 325/323/148/149/506 IPC (Sections 307/308 IPC added later on) registered at Police Station City South, Moga. 2.

Learned counsel for the petitioner contends that there is delay of 03 days in lodging the FIR. It is a case of version and cross-version wherein both the sides received injuries. He further contends that petitioner has been falsely implicated in the case.

3.

Learned counsel further contends that co-accused have already been granted the concession of anticipatory bail by this Court vide order dated 28.08.2020 passed in CRM-M-24912 of 2020 and seeks parity on the same grounds.

3.

Mr. Luvinder Sofat, AAG, Punjab, who has joined proceedings on service of advance copy of the petition, appears and opposes issuance of notice SONU 2020.09.04 09:29 I attest to the accuracy and integrity of this document

of motion and contends that specific role has been attributed to the petitioner. Per FIR, petitioner, who was under the influence of liquor at the relevant time, gave lalkara and gave blow with reverse side of Kirpan which hit below the left elbow of injured Mahavir. He also dragged the injured and gave a beating to him.

4.

Taking into consideration the seriousness of the offence, no ground for grant of anticipatory bail to the petitioner is made out. So far as the grant of anticipatory bail to the co-accused is concerned, the petitioners therein were ladies and the injuries attributed to them, at worst, were simple in nature. Therefore, the petitioner cannot seek parity with them. 5.

In view of the above, I am of the opinion that the petitioner is not entitled to concession of anticipatory bail, at this stage. 6.

Dismissed.

(ARUN MONGA) SEPTEMBER 03, 2020 JUDGE shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.04 09:29 I attest to the accuracy and integrity of this document