Criminal Misc. No. M-14165 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-14165 of 2009 (O&M) Date of Decision:22.05.2009 Gurinderjit Singh @ Ginda .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Naveen Batra, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Gurinderjit Singh @ Ginda under Section 438 of the Code of Criminal Procedure seeking his anticipatory bail in case FIR No.62 dated 4.4.2009 registered under Sections 324/323/326/341/506/34 IPC at Police Station Tanda District Hoshiarpur. This case has been registered on the basis of the statement of Gurmit Singh- complainant vide Annexure P.2. The facts in brief are that on 31.3.2009 at about 8:00 P.M., in night, Gurmit Singh along with his brother Jaswinder Singh s/o Kishan Singh was doing work at the Motor, then their nephew Gurminder Singh son of Roshan Lal, resident of Village Khuda Police Station Tanda who came to meet them also reached on the Motor. Then both the brothers putting the fodder on the cycles came to the village. Their nephew Gurminder Singh on his scooter came ahead of them. When Gurminder Singh reached near the veterinary hospital, then Ginda son of Kirpal Singh, Satwant Singh son of Manohar Singh, Nihal son of Joginder Singh residents of Masitpalkot stopped him and started abusing Criminal Misc. No. M-14165 of 2009 (O&M) -2- him. Meanwhile, they also reached there. When Gurmit Singh stopped them from hurling abuses, then Ginda son of Kirpal Singh gave him kirpan blow, which was in his hand. To save himself, he raised his left arm and kirpan hit below the left elbow. Satwant Singh gave datar blow from the back side, which hit near the left elbow, Nihal gave danda blow, which hit on his upper lip. They raised noise of “Marditta, Marditta” and people were attracted to the spot. The accused along with their weapons hurling abuses went away from the spot. The cause of this enmity is that Ginda a few days back had some abusive talk with Gurmit Singh on some matter and threatened to see him. I have heard the learned counsel for the petitioner. Palpably, the injury attributed to the petitioner is with kirpan below the left elbow of the injured Gurmit Singh. The weapon of offence is yet to be recovered. Thus, the custodial interrogation of the petitioner is required. In re: State Represented By the C.B.I v. Anil Sharma, 1997(4) Recent Criminal Reports (Criminal) 268 (SC), it has been held as under:- “We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest bail order during the time he is interrogated. Very often interrogation in Criminal Misc. No. M-14165 of 2009 (O&M) -3- such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders.” The injury imputed to the petitioner falls under Section 326 of IPC. In the factual scenario, I do not deem it appropriate to invoke extra- ordinary jurisdiction in this case. Consequently, this petition is dismissed. May 22, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No