Sukhvir Singh v. State Of Punjab


 

   

      



   









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1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner has sought the concession of anticipatory bail, in case FIR No.33 dated 20.05.2023, under Sections 323, 341, 34, 506, 427 of the IPC (Section 307 of the IPC added later), registered at P.S. Mulepur, District Fatehgarh Sahib.

2. The relevant observations qua role of the present petitioner, as recorded in the order dated 10.11.2023, passed by the learned Additional Sessions Judge, Fatehgarh Sahib, whereby, bail was declined to the


 petitioner, are extracted hereinafter:- "....allegation against the applicant/accused are that he along with other co-accused trespassed into the house of the complainant and they gave injuries on her head, leg and right shoulder. The main injury on the head of the complainant with dah has been attributed to the applicant accused....."

3. The learned counsel for the petitioner submits that initially the FIR (supra) was registered only under Sections 323, 341, 34, 506, 427 of the IPC, however, after approx. 5 months of its registration, offence under Section 307 of the IPC was added therein. He further submits that the complainant has suffered only one injury. Moreover, the mens rea of the petitioner to either commit murder or assault the complainant is yet a debatable issue.4. Notice of motion for 11.01.2024.

5. Mr. Karunesh Kaushal, A.A.G, Punjab, accepts notice on behalf of State of Punjab.

6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.

7. However, it is clarified that, in case, there occurs any attempt on the part of the petitioner to henceforth cause any harm or to extend any threats to the complainant, the interim relief granted hereinabove shall stand automatically vacated.

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