Mahir Singh Alias Mehar Singh And Another v. State Of Punjab
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Per contra, learned State counsel who has advance notice of the petition while submitting that he is ready with arguments, has stressed that the allegations against the petitioners are grave and serious in nature. They along with the co-accused and some unidentified persons had formed membership of an unlawful assembly, and in prosecution of common object of that unlawful assembly they reached at the house of the complainant and had inflicted injuries with dangerous weapons on the person of the complainant as well as his family members. The custodial interrogation of the petitioners is required for conducting thorough investigation of the matter by the police as well as for effecting recovery of weapons of offence. Even otherwise no extra ordinary or sparing circumstance has even otherwise been made out for the purpose of extending benefit of bail to the petitioners. <
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5.
I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.
6.
The petitioners are alleged to have formed membership of unlawful assembly and in prosecution of common object of that assembly, they caused injuries on the person of the complainant and his family
members. Both the petitioners allegedly struck blows with sword on the person of the complainant. One of the injuries so sustained has been declared to be grievous in nature and is shown to have been caused by sharp edge weapon as per the medico legal report. The weapons used by the petitioners are to be recovered from them. In such circumstances, in my considered opinion, the custodial interrogation of the petitioner is a must, not only for the purpose of eliciting the truth but also for conducting a free, fair and thorough investigation in the matter. Moreso, the well settled proposition of law is that the powers under Section 438 of Cr.P.C.
are extra ordinary powers which are to be exercised in exceptional and sparing circumstances and the same should not operate as inroad in the normal legal procedure of criminal cases by the trial Court. As this concession certainly interferes in the sphere of investigation of an offence to some extent, therefore, while granting the same, it is the duty of the Court to be circumspect and to grant such relief only when it is convinced that exceptional circumstances exist, which in my considered opinion do not exist in this case keeping in view the nature of the allegations as levelled against the petitioners. As such, finding no merits in the petition, the same is dismissed. - !
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