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2023 Supreme(P&H) 245

JASGURPREET SINGH PURI
Sunil Kumar @ Happy – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners: Mr. Navkiran Singh.
For the Respondents: Mr. Sarabjit Singh Cheema, DAG, Punjab, Mr. Ishan Gupta.

JUDGMENT :

Jasgurpreet Singh Puri, J.

1. The present petition has been filed under Section 439(2) of the Code of Criminal Procedure for cancellation of pre-arrest bail granted to respondents No.2, 4 & 5 by the learned Additional Sessions Judge, Sangrur on 24.04.2019 (Annexure P-17) in case bearing FIR No.138 dated 19.08.2015, under Sections 337, 427 and 307 of the IPC, registered at Police Station Sadar Dhuri, District Sangrur.

2. On the last date of hearing i.e. on 02.08.2023, this Court had directed that the present petition be also treated as a petition under Section 482 of the Code of Criminal Procedure and in this way the present petition was treated as also under Section 482 of the Code of Criminal Procedure since the order (Annexure P-17) by which the anticipatory bail was granted to the private respondents No.2, 4 & 5 has been challenged by the petitioners on merits.

3. The aforesaid FIR was lodged on the basis of statement of one Prem Chand by stating that he was informed that his son-in-law, namely, Satinder Kumar @ Honey-petitioner No.2 and his brother, namely, Sunil Kumar @ Happy-petitioner No.1 were shot by gun and he was taken to the spot where he saw the aforesaid two pe

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