(2021) Law Today Live Doc. Id. 15787
Decided on: 04.01.2021
Present:
Mr. Swarn Tiwana, Advocate for the petitioner.
Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 353, 186, 341, 427, 148, 149, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail – Contention that no specific injury is attributed to the petitioner and he himself had received several injuries in the occurrence -- Especially when the petitioner had received several injuries in the occurrence, Court deemed it a fit case to grant the concession of anticipatory bail.
(Para 2-7)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No.154 dated 10.09.2020, under Sections 307, 323, 353, 186, 341, 427, 148, 149, 506 IPC, registered at Police Station Koom Kalan, district Police Commissionerate, Ludhiana.
3. Learned counsel for the petitioner contends that no specific injury is attributed to the petitioner. The petitioner himself had received several injuries in the occurrence. He has referred to the copy of the MLR at Annexure P-2. He also contends that co-accused, Pooja Rani and another have been granted anticipatory bail by the Coordinate Bench of this Court in CRM-M-34792 of 2020, on 29.10.2020.
4. Issue notice to the respondent.
5. At the asking of the Court, Mr. Dhruv Dayal, Senior DAG, Punjab, accepts notice on behalf of the respondent and upon instructions from SI Hazoor Lal, contends that the petitioner has been wrongly arraigned as an accused in the instant FIR and vide DDR No.36 dated 10.09.2020, the name of the petitioner has been deleted. He also contends that the petitioner is 'Gurpreet Singh s/o Harbans Lal' while the accused is 'Gurpreet Singh @ Gopi s/o Desraj'.
6. Heard through video conferencing.
7. Without expressing any opinion on the merits of the case and in view of the submissions of learned counsel for the petitioner especially when the petitioner had received several injuries in the occurrence, I deem it a fit case to grant the concession of anticipatory bail to the petitioner.
8. Therefore, the petitioner is directed to appear before the investigating officer within a period of 15 days from the date of receipt of certified copy of this order and on his doing so, he shall be released on bail to the satisfaction of the arresting/investigating officer till submission of report under Section 173 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' – for short). The petitioner shall continue to join investigation and shall furnish an undertaking that he shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Thereafter, he will be permitted to furnish regular bail bonds to the satisfaction of the trial Court.
9. The petition stands disposed of in the aforementioned terms.
Order accordingly.
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