KESAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner apprehends arrest in a case, registered at the instance of Sukhjit Singh alleging that he had been waylaid and inflicted injuries by a number of persons, constituting an unlawful assembly. The petitioner is stated to be a member of the said assembly having injured the complainant.

(2.) Learned counsel for the petitioner submits that no specific injury has been attributed to the petitioner as per the FIR. It is contended that the petitioner was allegedly present in Qualis, which had been used by his accomplice to waylay Gurdip Singh and Harpal Singh. The beating has been attributed to 4/5 unidentified persons.

(3.) Learned State counsel has opposed the petition for pre-arrest bail contending that in statement u/s 161 Cr.C.P. of Gurdip Singh, it has been mentioned that all the occupants of Qualis had alighted from the vehicle and given injuries. Whether the petitioner has inflicted any specific injury on the person of complainant and others will be a moot point during trial. Taking into consideration the averments in the FIR and the conduct of the petitioner of having joined the investigation, the petition is allowed and interim order dated 14.1.2010 is hereby made absolute subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence. It is made clear that the petitioner will not commit the similar offence, of which he is accused of.