IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438 of Cr.P.C. for release of the petitioner on anticipatory bail in terms thereof in the case registered vide FIR No.54, dated 16.8.2009 under Section 364, 307, 450, 148, 149 IPC & Section 25 of the Arms Act, Police Station Joga, Distt. Mansa.

(2.) According to the allegations contained in the FIR, the petitioner along with few persons allegedly tried to abduct the complainant and fired on him as well. Some of the persons were identified and named in the F.I.R., and one of the person was not identified and hence, not named in the F.I.R. Subsequently, this person was identified to be the petitioner.

(3.) Learned counsel for the petitioner states that the petitioner has no role to play in the commission of the offence, as he is not named in the F.I.R. He further contends that in the impugned order, the petitioner has been shown to be the person, who fired upon the complainant, whereas in the F.I.R., the role of firing has been specifically attributed to another person, who has been named therein.