JUDGEMENT
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(1.) This Court, on February 24, 2012, had passed the following order:
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest of pre-arrest bail to the petitioner in case FIR No.177 dated 24.7.2011 registered at Police Station Shahkot, District Jalandhar, under Sections 323, 324, 326, 452, 148 and 149 IPC. Lateron, Section 326 IPC was added.
Learned counsel for the petitioner contends that as per the prosecution case, grievous injury, on the little finger of complainant-Pawandip Singh, was attributed to the petitioner. Learned counsel submits that a Medical Board was constituted, which came to the conclusion that the grievous injury was self-suffered one or was caused with friendly hand. He further submits that the Investigating Agency gave due credence to the opinion of the Medical Board and has deleted the offence under Section 326 IPC. Learned counsel further submits that the only non-bailable offence against the petitioner falls under Section 452 IPC.
Issue notice of motion to the Advocate General, Punjab, for 12.3.2012.
Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however join the investigation as and when called for and he will also abide by the conditions as specified under Section 438 (2) Cr.P.C.
Counsel for the State, on instructions from Nirmal Singh ASI, Police Station Shahkot, District Jalandhar, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(2.) For the reasons stated in order dated February 24, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim pre-arrest bail granted to the petitioner vide order dated February 24, 2012 is made absolute and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when calledfor till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;
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