AMRITPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS -Amritpal Singh son of Harbans Singh, Baljinder Singh son of Gurjant Singh and Jagraj Singh son of Maghar Singh, have preferred the instant petition for the grant of regular bail in a case registered against them along with their other co-accused, vide FIR No.149 dated 29.07.2010, on accusation of having committed the offences punishable under Sections 323, 285, 307, 148, 149 IPC and Section 25 of the Arms Act, by the police of Police Station Kalanwali, District Sirsa, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) WHAT cannot possibly be disputed here is that, initially the present case was registered against the accused under Sections 148, 149, 285, 323 and 307 IPC read with Section 25 of the Arms Act. During the course of investigation, the police deleted the offence punishable under Section 307 IPC. Even, the trial Judge initially did not frame the charge under Section 307 IPC. But on subsequent second occasion, charge under Section 307 IPC was also added by the trial Judge. It is also not a matter of dispute that all the petitioners were granted the concession of anticipatory bail before the charge under Section 307 IPC was added, by a Coordinate Bench of this Court(Alok Singh, J.) by virtue of order dated