MOHINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant petition under Section 438 Cr.P.C. seeking pre-arrest bail in the case arising out of FIR No.142 dated..22.7.2012 under Sections 323,324,34 IPC and Section 326 IPC added on 29.7.2012, registered at Police Station Samrala, Distt. Ludhiana.

(2.) Learned counsel for the petitioner relies upon the order dated 16.8.2012 passed by this court in Crl.Misc.No.24553 of 2012 (Narinder Pal Singh @ Lalli Vs. State of Punjab), to contend that his co-accused has been granted pre-arrest bail by this court. However, learned counsel for the petitioner fairly concedes that the present petitioner is the main accused, who has caused grievous injuries on the person of the complainant. Learned counsel for the petitioner submits that his custodial interrogation is not required and he is ready to join the investigation. He submits that in view of the facts of the present case, the instant petition deserves to be accepted. Having heard the learned counsel for the petitioner and having gone through the record of the case, this court is of the considered opinion that present one is not a fit case for extending the benefit of pre-arrest bail to the petitioner for more than one reasons, being recorded herein after.

(3.) Firstly, admittedly, the petitioner is the main accused. He was armed with sharp edged weapon-Gandasi. He gave blow on the neck of the injuredcomplainant. Secondly, there are two fractures caused on the person of the injuredcomplainant as per X-ray Report (Annexure P-4). Thirdly, the investigation is still going on. Recovery of the weapon of offence is to be effected by the police. Custodial interrogation of the petitioner would be compulsive necessity of the investigating agency to carry out the effective investigation.