BALWINDER SINGH AND OTHERS Vs. THE STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2001-8-223
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 28,2001

Balwinder Singh And Others Appellant
VERSUS
The State of Punjab and Another Respondents

JUDGEMENT

Nirmal Singh, J. - (1.) This is a petition under Section 438 Criminal Procedure Code for grant of bail in a complaint case titled "Karnail Singh @ Karnail Dass v. Balwinder Singh (Criminal case No. 189-1 dated 22.8.2000 pending in the Court of Learned Judicial Magistrate 1st Class, Fazilka for the offence under Sections 302/326/323/506/148/149 Indian Penal Code.
(2.) Initially, FIR No. 108 dated 15.7.2000 under Sections 302, 148, 149 Indian Penal Code was registered against the petitioners on the statement of Karnail Singh complainant. The investigation was conducted. After completion of the investigation, petitioners were found innocent. It was found that Labh Dass is the assailant in this case and report under Section 173 Criminal Procedure Code against Labh Dass was presented in the Court of illaqa Magistrate to face trial under Section 302 Indian Penal Code.
(3.) Complainant Karnail Singh @ Karnail Dass filed a complaint against the petitioners under Section 302/148 Indian Penal Code. After recording the evidence of the complainant, illaqa Magistrate summoned the petitioner through warrants of arrest vide order dated 4.1.2001. The petitioner applied for bail in the Court of Sessions Judge, Ferozepur. The bail came up for hearing before Additional Sessions Judge, Ferozepur who vide impugned order dated 5.3.2001 dismissed the bail application. The petitioner approached this Court for bail. K.S. Kumaran J. allowed interim bail to the petitioners vide order dated 23.3.2001.;


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