Mehinder Singh Sullar, J.@mdashPetitioner Kashmir Singh s/o Desa Singh has preferred the instant petition for the grant of anticipatory bail, in a complaint case (Annexure P2), in which, he was ordered to be summoned by the trial Magistrate to face the trial for the commission of offences punishable u/s 302 read with section 34 IPC and Sections 25 & 27 of the Arms Act, invoking the provisions of section 438 Cr. PC. Notice of the petition was issued to the State.
2. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this regard.
3. During the course of preliminary hearing, the following order was passed by this Court on 27.11.2012:-
Learned counsel, inter-alia, contended that initially the complainant Ranjit Singh (respondent No. 2) lodged a FIR (Annexure P1), with respect of same very occurrence, in which he has only involved Kuldeep Singh (son of the petitioner) and friend Makhan Singh. The petitioner was not named as an accused in the FIR. The argument is that subsequently the complainant has entirely changed the version and filed a false present complaint involving the petitioner as an accused as well.
Heard.
At this stage, Ms. Jasmandeep, Advocate appears and accepts notice on behalf of the complainant and seeks time to argue the matter.
Adjourned to 12.12.2012 for arguments, at the request of counsel for the complainant.
Meanwhile, the petitioner is directed to appear/surrender on 06.12.2012 and the trial Court would admit him on (provisional) bail on his furnishing adequate bail and surety bonds to its satisfaction.
4. At the very outset, the learned counsel has placed on record a photo copy of order dated 6.12.2012, which would reveal that the bail/surety bonds furnished by the petitioner, in pursuance of order of this Court, have already been accepted and attested by the trial Court. In the light of aforesaid reasons, the instant petition is hereby accepted. Consequently, the provisional bail already granted to the petitioner, vide order dated 27.11.2012 is made absolute.
