SUKHDEV SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioners, namely, Sukhdev Singh and Balwinder Singh, who have been booked with the aid of Section 34, IPC, for committing the offences punishable under Sections 307, 324 and 452, IPC, in FIR No. 49, dated 21.8.2012, registered at Police Station, Hazipur, District Hoshiarpur.

(2.) Learned counsel contends that the petitioners have not been assigned the role of causing injuries. He further submits that concededly, Palwinder Singh, co-accused of the petitioners, had caused injuries on the person of Vijay Kumar, by means of Kirpan which were later found to be simple, attracting the mischief of Section 324, IPC, only. He also submits that the motive for causing the injuries has not come on the file so far, therefore, the common intention of the petitioners with their coaccused will be a moot point during the trial.

(3.) On the other hand, learned counsel for the State on instructions from SI Pardeep Singh of Police Station, Hazipur, District Hoshiarpur, has very fairly conceded that the injuries received by Vijay Kumar, were declared to be simple attracting the mischief of Section 324, IPC, only. He has also not controverted the submission of the learned counsel for the petitioners with regard to the fact that the petitioners had not caused any injury to Vijay Kumar.