CRM-M No.29621 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.29621 of 2011 (O&M) Date of decision : 12.10.2011 Jaspal Singh ...... Petitioner v. State of Punjab ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. C.S. Bagri, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.123 dated 01.07.2011 registered under Sections 307, 452, 323, 148, 149, 427 IPC and under Sections 25, 27, 54 & 59 of the Arms Act at Police Station Samrala. On 28.09.2011 the following contention was noticed:- “Learned counsel for the petitioner has argued that the FIR in question is a counter-blast to the complaint (Annexure P-4) in which the present complainant and ASI Avtar Singh (who is posted in the same police station) have been summoned. He has further argued that there is no material to prove the allegations under Section 307 IPC against the petitioner.” Learned Deputy Advocate General on instructions from ASI CRM-M No.29621 of 2011(O&M) ::2:: Mohinder Pal Singh has accepted the fact that there was a previous complaint against the complainant and the said ASI Avtar Singh which had been filed by the petitioner. He has however argued that there are allegations against the petitioner having caused the fire arm injury. On the contrary learned counsel for the petitioner has argued that perusal of the discharge summary (Annexure P-6) would negative the assertion that there was a fire arm injury. A perusal of this discharge summary does tend to bear out the argument made by learned counsel for the petitioner since it describes the injury suffered by the complainant as “MILD HEAD INJURY”. It is also not disputed that three family members of the petitioner have already been arrested in this FIR. In the circumstances, without going into the merits of the case, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Ordered accordingly. Petitioner is directed to appear before the Investigating Officer on 18.10.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) October 12, 2011 JUDGE ashish