CRM-M No. 11280 of 2011 **** Mander Singh alias Sukhmander Singh and others vs. State of Punjab Present: Mr. SPS Sidhu, Advocate for the petitioners. Mr. Gazi Mohammad, DAG, Punjab. Mr.Navinder Jit Singh Dandiwal, Advocate for the complainant. **** This is a petition for anticipatory bail filed in case bearing FIR No. 32 dated 16.03.2011, under Sections 307/341/342/323/148/149/427 IPC registered at Police Station Ghall Khurd, District Ferozepur. On 19.04.2011 the following contention was noticed:- “ Learned counsel has argued that the person who allegedly hit the motor cycle with the Maruti car is in custody and in fact the injuries suffered by the complainant were as a result of the fall and that the petitioner has been implicated falsely.” List of the injuries as reproduced in MLR Annexure P-4 reveal that they are located on the left arm between the fore arm and the hand and there are two injuries around the left eye. Learned counsel for the petitioners has vehemently argued that some of the said injuries are also abrasions and these kind of injuries can be easily possible to have been caused as a result of fall. Learned counsel for the complainant on the other hand has argued that actually the case under Section 365 IPC should also have been lodged and by ignoring that Section the police is rather showing a favour to the petitioners. Learned DAG, on instructions from ASI Davinder Kumar has, however, accepted the assertion that the driver of the Maruti car has been CRM-M No. 11280 of 2011 -2- taken in custody and is behind bars. Keeping in view this entire conspectus of facts, in my considered opinion, it would not be a case where custodial interrogation of the petitioners may be required. In the circumstances this petition is allowed. In the event of arrest of the petitioners they are ordered to be released on bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE April 26, 2011 sunita