PALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Palwinder Singh, who is accused in FIR No.0236 dtd. 14/11/2017 registered under Ss. 452, 307, 506 read with Sec. 120/-B IPC at Police Station Phase-1, SAS Nagar, Mohali, Punjab, has filed the present petition under Sec. 438 Cr.P.C. for grant of anticipatory bail to him.

(2.) Learned counsel for the petitioner submits that the present FIR is the counter blast of FIR No.0075 dtd. 2/10/2017 registered under Ss. 302, 323 read with Sec. 34 IPC at Police Station Balongi, at the instance of the petitioner as his mother was killed by the complainant party. The present FIR was registered against petitioner and Sunny and four other unknown persons, who were present at the place of occurrence with muffled... faces and none of them could be identified. Learned counsel further submits that the case is based on circumstantial evidence. Co-accused of the petitioner, namely, Sukhveer Singh @ Sukha was released on interim bail by this Court vide order dtd. 4/4/2018 passed in CRM-M No.13716 of 2018, which has also been confirmed. The petitioner is ready to join investigation and nothing is to be recovered from him.

(3.) Learned State counsel as well as counsel for the complainant have opposed grant of anticipatory bail to the petitioner on the ground that while issuing notice of motion on 27/9/2018, wrong facts were mentioned that no role was attributed to the petitioner and it was a case of simple injury whereas it was a case of fracture on the person of the injured. They further submit that the petitioner cannot claim parity with his co-accused, who have been released on regular bail as it was clearly mentioned in the order passed by the Additional Sessions Judge that there was a fracture in the leg of the complainant-injured and copy of x-ray film showing fracture was produced. It was reflected in the CCTV footage that some persons armed with naked swords attacked upon the complainant as it was a case of previous enmity between the parties because of land. They also submit that the petitioner has not approached this Court with clean hands as at every step, efforts have been made to mislead the Court and to conceal the material facts and the present petition is liable to be dismissed on the ground of misrepresentation and concealment of material facts.