PARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Parminder Singh has filed the present petition under Sec. 439(2) Cr.P.C for cancellation of bail granted to respondent No.2 by learned Additional Sessions Judge, Ludhiana vide order dtd. 24/5/2018 passed in case FIR No.276 dtd. 4/10/2017 registered under Ss. 307, 326, 452, 506, 148 and 149 IPC (Sec. 302 IPC added later on) at Police Station Daba, Ludhiana.

(2.) Learned counsel for the petitioner submits that the anticipatory bail has been granted to respondent No.2 only on the ground that the State has failed to get the Identification Parade done as the Deputy Commissioner did not appoint any Magistrate to get the same done in spite of request made by counsel for the petitioner and the Court below allowed bail to respondent No.2. Learned counsel also submits that the bail application was adjourned by the Court below and finally, it was allowed vide order dtd. 24/5/2018 1 of 10 without saying anything on merits. There were a number of accused in the case and one of the accused, namely, Deepak Rana i.e respondent No.2 filed anticipatory bail and the same was allowed only on the ground that there might be number of Deepak Rana in Ludhiana. Nothing was mentioned as far as the allegations are concerned. The bail granted to respondent No.2 was not on merit and after considering the allegations mentioned in the FIR.

(3.) Learned counsel for the State as well as of respondent No.2 have opposed the submissions made by learned counsel for the petitioner on the ground that a well reasoned order has been passed. He further submits that respondent No.2 has joined investigation. The name of respondent No.2 was not mentioned in the FIR but it came in the supplementary statement. Accordingly, by considering all the facts and circumstances of the case, respondent No.2 was released on interim bail and thereafter, it was made absolute.