- (1.) This Court on 14.2.2012 had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case arising out of FIR No. 115 dated 28.6.2011, registered at Police Station Dakha, District Ludhiana, under Sections 323, 324, 452, 148 and 149. Lateron, offence under Section 307 IPC was added. Learned counsel for the petitioner has very fairly submitted that the injury, which has been declared as dangerous to life, is attributed to Nanak Singh, petitioner No. 2, who is stated to have caused a kirpan blow on the head of Harpreet Singh, brother of the complainant. Learned counsel further submits that so far as petitioner No. 1-Sukhdev Singh is concerned, he gave a dang blow on the forehead of father of the complainant and this injury has been declared as simple in nature. Learned counsel further submits that on the side of petitioners, two persons were injured and it is a case of version and cross-version. After hearing learned counsel for the petitioner, this Court is of the view that no ground is made out to grant pre-arrest bail to petitioner No. 2-Nanak Singh. Hence, the present petition qua petitioner No. 2 is dismissed as he had caused inujury, which falls within the ambit of Section 307 IPC. However, since petitioner No. 1-Sukhdev Singh gave a simple injury in the occurrence, his case cannot be distinguished from that of Gurjant Singh and Kuldeep Singh, who were granted pre-arrest bail by this Court vide order dated 1.2.2012 passed in Criminal Misc. No. M-967 of 2012. Issue notice of motion to Advocate General, Punjab, for 5.3.2012. Meanwhile, in the event of arrest, petitioner No. 1-Sukhdev Singh shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. He shall, however, join the investigation as and when called for and will also abide by the conditions as specified under Section 438(2) Cr.P.C.
(2.) Counsel for the State, on instructions from HC Kuldeep Singh, Police Station Dakha states that petitioner No. 1-Sukhdev Singh has joined the investigation and is not further required by the investigating agency.
(3.) For the reasons stated in order dated 14.2.2012 and the statement made by counsel for the State, the present petition is accepted. Interim bail granted to petitioner No. 1-Sukhdev Singh vide order dated 14.2.2012 is made absolute. In the event of arrest, petitioner No. 1 shall be released on bail to the satisfaction of Arresting/Investigating Officer till filing of report under Section 173 Cr.P.C. Thereafter, he shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. He shall continue to appear before the Arresting/Investigating Officer as and when called for. He shall abide by the conditions as specified under Section 438 (2) Cr.P.C.;