High Court of Punjab and Haryana, Chandigarh
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Mithu Singh v. State of Punjab - CRM-54024-M-2006  RD-P&H 8816 (17 October 2006)
Crl.Misc.No.54024-M of 2006
DATE OF DECISION: OCTOBER 27, 2006
State of Punjab
CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
Present: Mr. Harsh Aggarwal, Advocate,
for the petitioner.
Mr.N.S.Gill, AAG, Punjab.
for the complainant.
Petitioner Mithu Singh apprehending his arrest in a non- bailable offence in case FIR No.52 dated 18.8.2006 registered under Sections 452/323/324/148/149/326 IPC at Police Station Longowal, has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail.
I have heard the counsel for the parties and gone through the contents of the FIR.
Counsel for the petitioner contends that initially the FIR was registered under Sections 452/323/324/148/149 IPC and subsequently the offence under Section 326 IPC was added. He further contends that the injury under Section 326 IPC is not attributed to the petitioner and the same is alleged to have been caused by his co-accused. Counsel also contends that the weapon of the offence has also been recovered. Counsel further contends that in terms of the interim order dated September 7, 2006, the petitioner has joined the investigation. Counsel for the respondent-State does not dispute this fact and further on instructions from ASI Balihar Singh states that the petitioner is no more required for further investigation.
In view of the above and for the reasons stated in the interim order dated September 7, 2006, the same is made absolute on the same terms and conditions.
This bail order shall remain in operation till the investigation culminates into filing of challan under Section 173 Cr.P.C. except for material change in the circumstances. Thereafter, the petitioner shall be entitled to the grant of regular bail by the trial Court and the same shall further continue till conclusion of the trial on the conditions to be imposed by the court of competent jurisdiction.
Disposed of accordingly.
October 27, 2006 (SATISH KUMAR MITTAL)
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