High Court of Punjab and Haryana was dealing with petition filed under Section 438 CPC for grant of anticipatory bail in case FIR filed under Sections 452, 324, 323, 148, 149 IPC 1860 and Section 326 IPC.
Brief Facts:
The present FIR was registered at the instance of complainant Atma Singh on the allegations that on 18.08.2021, Satnam Singh, Balwinder Singh, applicant Binder Singh, Chindo Bai, Paramjit Kaur, Simran Kaur, Kashmir Singh forcibly entered the house of complainant. Thereafter, Satnam Singh gave blow of kapa, which it on the four fingers of his left hand, due to which he fell on the ground. Thereafter, Balwinder Singh gave blow of dang on the left side of head of complainant. Thereafter, applicant Binder Singh gave blow of kirpan from the back side, which hit on the left side of head of complainant, Chindo Bai gave blow of dang, which hit on the back side of left hand of complainant. Paramjit Kaur along with Simranjit Kaur were provoking the assailants to cause injuries on the person of complainant. Thereafter, complainant raised clamour, hearing which, all the accused ran away from the spot along with their weapons of offence.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that though as per prosecution, the petitioner was armed with a sharp-edged weapon, but he had given blow from the reverse side of the said weapon on the back of the head of the victim and the said injury was found to be simple. He has further invited the attention of the court to the orders, whereby his co-accused have been extended the concession of interim pre-arrest bail. He submitted that the petitioner is willing to join the investigation and considering the role attributed to him, his custodial interrogation may not be necessary.
Respondent’s Contention:
Learned State counsel stated that the cross-version recorded at the instance of accused Paramjit Kaur was found false and the same has been cancelled. He further submitted that no doubt the interim concession of pre-arrest bail has been extended to the co-accused of the petitioner, but the offence is serious and the petitioner actively participated in the same.
HC’s Observations:
After hearing both the sides court stated that the victim lost three fingers of his left hand in the alleged attack opened by Satnam Singh along with other assailants, including the petitioner, who is also specifically named in the FIR. Court opined that the custodial interrogation of accused may be necessary.
Court found that according to the prosecution, injured Atma Singh had suffered eight injuries in all and the petitioner, being member of an unlawful assembly, had given a blow to the victim on his head when he had already suffered grievous injuries inflicted by co-accused Satnam Singh.
HC Held:
After evaluating submissions made by both the parties the Court held that “No doubt, the concession of interim pre-arrest bail has been extended to the co-accused Satnam Singh, but considering the alleged nature and seriousness of the offence, no case is made out for grant of pre-arrest bail to the petitioner.”
Bench: Hon'ble Mr. Justice Manoj Bajaj
Case Title: Binder Singh v. State Of Punjab
Case Details: Criminal Misc.-M No.54501-2021
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