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Judgment
L.N. Mittal, J.—Accused Sartaj Pal Singh and Thakur Dass have filed this petition for anticipatory bail in case FIR No. 214 dated
02.12.2009, under Sections 324, 326 and 307 of the Indian Penal Code (in short - IPC), registered at Police Station Mahilpur, District
Hoshiarpur.
I have heard learned counsel for the parties and perused the case file.
According to the prosecution version, only lalkara is attributed to petitioner no.2, whereas simple hurt with sharp weapon falling u/s 324 IPC is
attributed to petitioner no.1, as submitted by learned State counsel.
On investigation, the petitioners were found innocent by the police. However, now the petitioners have been summoned as additional accused
on prosecution application filed u/s 319 of the Code of Criminal Procedure.
Counsel for the petitioners states that pursuant to interim order of this Court, the petitioners appeared in the trial court on 07.11.2011 and
furnished bail bonds for interim bail.
Learned State counsel, after seeking instructions from Head Constable Jarnail Singh, pleads ignorance about it.
Keeping in view the aforesaid, including role attributed to the petitioners and the fact that they were found innocent on investigation, the instant
petition for anticipatory bail is allowed. The petitioners shall be released on bail, on furnishing bail bonds to the satisfaction of the trial court.
However, if the petitioners did not furnish bail bonds for interim bail on or before 07.11.2011, then the instant petition shall be deemed to have
been dismissed.