SATISH KUMAR MITTAL, J. - (1.) THE petitioners apprehending their arrest in a non- bailable offence in case FIR No. 195 dated 21.5.2006 under Sections 324/323/506/148/149/427 and 304 IPC, registered at Police Station Dera Bassi, have filed this petition under Section 438 Cr.P.C. for anticipatory bail.
(2.) I have heard counsel for the parties and gone through the contents of the FIR. Counsel for the petitioners contends that the alleged occurrence took place on 21.5.2006. The aforesaid FIR was registered on the statement of one Sardara Singh, injured against Gurcharan Singh, Pawan Kumar, Ram, Shinder, Dharampal, Sham Lal, Sanju and Saroj Bala. In the said occurrence, four persons were injured, three from the complainant side and one from accused side. Counsel further contends that after more than 20 days of the alleged occurrence, Gurcharan Singh died due to heart attack on 15.6.2006. Subsequently, an offence under Section 304 IPC was added on 29.6.2006 on the ground that Gurcharan Singh died because of the injures of brickbat which he had received on his heart. Counsel for the petitioners while referring to the opinion given by the Doctor contends that the death of Gurcharan Singh took place due to heart attack.
(3.) IN these circumstances, counsel for the petitioners argued that the petitioners are entitled for anticipatory bail. He further states that in terms of the order dated 18.8.2006, the petitioners have joined the investigation.;