NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nirmal Singh and Jaswinder Singh by way of abovementioned petitions seek pre-arrest bail in a case registered by way of FIR No. 08 dated 4.2.2012 at Police Station GRP Amritsar for an offence punishable under sections 148, 323 and 324 read with section 149 IPC, to which sections 325 and 326 IPC were added lateron.

(2.) Learned counsel for the petitioners submits that the petitioners are not named in the FIR. According to him, FIR was registered on 4.2.2012 and in the supplementary statement made by Avtar Singh on 2.3.2012 he has named Nirmal Singh and still did not name Jaswinder Singh. According to him, Avtar Singh has named the other person as Sukhwinder Singh @ Lakha son of Sardara Singh and the petitioner is not that person. According to him, the role assigned to the petitioners is also not specific in the said statements. He further submits that though the complainant suffered many injuries but the said injuries might have been suffered at the hands of other persons.

(3.) Learned counsel for the petitioners further submits that this is the case got registered by Avtar Singh on account of political rivalry. According to him, Avtar Singh is a man of sitting MLA and he has named Nirmal Singh and the other person after the declaration of the result of Punjab Assembly elections. He further submits that Avtar Singh is resident of same place and it is impossible if the petitioners would have participated in the occurrence, they would not have been identified by the complainant.