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2006 Supreme(P&H) 491
PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel, J.
Ajit Singh
Versus
State
Criminal Miscellaneous No. 7992M of 2006,
Decided On : FEBRUARY 16, 2006
Granting of anticipatory bail under section 326 IPC, with conditions to cooperate with the investigation and not interfere with the prosecution evidence.
Headnote:
Anticipatory Bail - Assault - The court granted anticipatory bail to the petitioners under section 326 IPC, allowing them to join the investigation and cooperate, with the condition that they will not interfere with the prosecution evidence or leave the country without court permission.
Fact of the Case:
The petitioners were alleged to have assaulted the complainant due to party faction rivalry, resulting in grievous injury to the complainant.
Finding of the Court:
The court granted anticipatory bail to the petitioners till the conclusion of investigation or three months, allowing them to apply for regular bail in accordance with the law. The petitioners were also directed to cooperate with the investigation and adhere to specific conditions upon release on bail.
Issues: Alleged assault and grievous injury, petitioners' willingness to join investigation, and the need for anticipatory bail.
Ratio Decidendi: The court considered the nature of injuries, willingness of the petitioners to cooperate, and the potential interference with the investigation in granting anticipatory bail.
Final Decision: The petitioners were granted anticipatory bail with specific conditions to cooperate with the investigation and not interfere with the prosecution evidence.
ADARSH KUMAR GOEL, J.
1. Heard. As prayed for, section 326 IPC is allowed to be added in the heading of the petition and the prayer. Offence alleged is under sections 379/323/324/355/506/341/ 326/148/149 IPC.
2. Case of the prosecution is that on 23.1.2006 at 11.30 A. M. , the petitioners assaulted the complainant. There was rivalry on account of party faction with the truck union. Injury attributed to Avtar Singh has been declared to be grievous.
3. Counsel for the petitioners submits that Avtar Singh is not seeking anticipatory bail and injuries attributed to the petitioners are simple; they are willing to join investigation and cooperate with the investigation and their arrest at this stage is not called for.
4. Without expressing any final opinion on merits, the petitioners are granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioners will be free to apply for regular bail to the concerned court in accordance with law.
5. In the event of arrest, the petitioners will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer within two weeks from today on the conditions that the petitioners will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; they will not interfere with the prosecution evidence directly or indirectly; they will not leave the country without the previous permission of the court; they will associate with the investigation as and when called by the police and that they will surrender the passport, if any. The petition is disposed of accordingly.
