HARMANJIT SINGH MALHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Harmanjit Singh Malhi, has filed this petition under Section 438 of the Criminal Procedure Code for grant of anticipatory bail in FIR No. 248 dated 30.9.2009 registered at Police Station Division No.5, Ludhiana, under Sections 380, 323/34 IPC. It was on the statement of Munish Kumar-complainant that this FIR was recorded against the present petitioner and others. According to him, it was on 26.9.2009 that the present petitioner accompanied by other accused came to his shop. He was engaged in the talk by them and in the meantime Pushpinder lifted a computer printer lying in the shop and all of them went away. He alongwith his friends chased them and they were found standing near Avtar Sweet Shop on the Kochar Market Road, where he was caused injuries by them.

(2.) The FIR was got registered on 30.9.2009, after delay of four days, which the complainant has tried to explain by narrating in the FIR itself that he had been searching for the accused at his own level and thereafter came to know about their names. The possibility of concocting a colourful version during the intervening period cannot be ruled out. It is not the case of the complainant that the computer printer was stolen by this petitioner/accused. Nothing has been brought on record by the State counsel to show that custodial interrogation of the petitioner is required.

(3.) Keeping in view the above facts, this petition is allowed. In case of arrest of the petitioner in the FIR mentioned in the petition, he shall be released on interim bail to the satisfaction of the arresting officer, subject to the following conditions:-