High Court of Punjab and Haryana, Chandigarh
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HARPAL SINGH v. STATE OF PUNJAB - CRM-9403-M-2006  RD-P&H 1191 (27 February 2006)
CRL. MISC. NO. 9403-M OF 2006
DATE OF DECISION: 06.03.2006
STATE OF PUNJAB
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr G.P.S. Bal, Advocate,
for the petitioner.
Ms Reeta Kohli, DAG, Punjab.
Mr Vijay Rana, Advocate
Offence alleged is under sections 307/324/323/34/326 IPC.
Six persons were named for the alleged causing of injuries to Sharanjit Singh and the petitioner was named as one of the six persons armed with handle of a spade. One Ashok Kumar was also alleged to be having handle of a spade. There are 20 injuries.
After investigation, the petitioner and one Sukhvir Singh were not challaned. Subsequently, the petitioner has been summoned under section 319 of the Code of Criminal Procedure (for short, the Code) on account of statement made by PW-1 Sharanjit Singh, who in his statement under section 161 of the Code had not named the petitioner though his wife, who lodged the FIR, has named the petitioner.
Counsel for the petitioner submits that the petitioner will appear before the trial court and face proceedings in accordance with law and investigation having been completed, his arrest is not called for particularly when he is shown to be having same weapon as Ashok Kumar, who has already been arrested.
Without expressing any opinion on merits, the petitioner is granted bail subject to such conditions as may be laid down by the trial court and subject to the petitioner appearing before the trial court on the date fixed.
The petition is disposed of.
March 06, 2006 ( ADARSH KUMAR GOEL )
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