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Judgment
S.S. Sudhalkar, J.
Heard Advocate for the petitioner and learned AAG for the State.
The learned Advocate for the petitioner has argued that the FIR has been registered after a gap of 45 days from the alleged date of incident and according to him the date of admission of the complainant in the hospital is 12.2.1996 and date of discharge is 15.2.1996 and he has produced certificate Annexure P1 from the Doctor in support of his argument.
As against this, the learned AAG has stated that the complainant was under the treatment of another Doctor at Amritsar and that on 27.4.1996 he was operated upon and the gun which was used in the incident was not the gun of the petitioner and it was of some other person.
The incident, otherwise, could have been termed to be serious but no motive to cause injury has been alleged against the petitioner and, therefore, this circumstance coupled with the late filing of the FIR can be considered for granting anticipatory bail to the petitioner. Of course, the rights of the investigation and the prosecution have to be protected and, therefore, anticipatory bail is granted with the conditions mentioned below.
For the above reasons, the anticipatory bail application is allowed. It is ordered that in case of the arrest of the petitioner Mohan Singh, s/o Lal Singh in connection with FIR No. 71 dated 21.3.1996 of Police Station Sadar Fazilka, District Ferozepur, for the offences under Section 337 of the IPC and under Section 25 of the Arms Act, he be released on bail by the police on his furnishing bail bond of Rs. 10,000/ with one surety for the like amount.
It would be open to the Investigating Officer to file an application for remand if he considers it proper and the learned Magistrate would decide it on merits.
The petitioner shall cooperate with the police and remain present in the Police Station whenever so required by the police with prior notice to him in writing.
If the petitioner has to go out from the place of his residence for more than two days, he shall inform the police station in advance in writing regarding the same.
This order shall remain in force for a period of 90 days. In case, the petitioner is not arrested during this period, he is at liberty to approach this Court again.
Application allowed.