Hakam Singh vs State of Punjab

A.L. Bahri, J.

Hakam Singh has prayed for anticipatory bail in the case registered vide first information report No. 67 dated April 23, 1980, under Section 336 read with Section 34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

The facts in brief are as under : One Bhupinder Singh was owner of agricultural land. His land was declared surplus which was alloted to Hakam Singh and Kapoor Singh. After ten years, he approached the authorities that the allotment was wrongly made in favour of Hakam Singh and Kapoor Singh and now, it is stated that the matter is pending in the Court of Financial Commissioner, Hakam Singh and Kapoor Singh are in, possession of the land. When the complainant party went there, the dispute occurred. As per allegations Hakam Singh and another used firearms. However, no body was injured.

While issuing notice to the State Hakam Singh petitioner was allowed anticipatory bail vide order dated May 31, 1988 by Ujagar Singh Judge.

While opposing the bail application it has been argued that the weapon is required to be recovered from the possession of the petitioner which was used in the occurrence. However, I do not consider it a fit ground to allow custody of the petitioner to the police, more so when admittedly no body was injured in the occurrence. The order granting interim bail is made absolute with the direction that the petitioner will join the investigation of the case as and when required; he will not tamper with the prosecution evidence; and will not leave India without permission of the Court.

JUDGMENT accordingly.