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High Court of Punjab and HaryanaCRM-M/1613/2021allowed

Ravi v. State Of Haryana

2021-02-12Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-1613-2021 (O&M) Date of Decision:-12.2.2021 Ravi ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Choudhary, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana, assisted by ASI Raj Kumar.

Mr. Satbir Singh Gill, Advocate for the complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.365 dated 1.11.2020 at Police Station Civil Lines, District Sirsa under Sections 323, 324, 34 and 506 of Indian Penal Code, wherein offence under Section 326 IPC was added later on.

2.

The FIR was lodged at the instance of Mange Ram, wherein it has been alleged that on 28.10.2020, he was caused injuries by Hans Raj Sama, Ravi PANKAJ KAKKAR 2021.02.12 18:45 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-1613-2021 (O&M) and Vikram. It is alleged that while Hans Raj punched on his face, Vikram twisted his hand and Ravi, who was carrying some sharp edged object, gave injuries with the same on his foot. The injury on the foot was subsequently declared a grievous injury.

3.

Pursuant to issuance of notice of motion, reply has been filed by the State, wherein in para Nos.10 and 11 it has been reported that opinion of Medical Board regarding injury No.3 i.e. injury on the foot was obtained and pursuant to receipt of said injury, offence under Sections 324 and 326 IPC stand deleted.

4.

Keeping in view the aforestated position, wherein offences under Sections 324 and 326 IPC stand deleted, out of the remaining offences under Sections 323 and 506 IPC, Section 323 IPC is a bailable offence. 5.

Having regard to the facts and circumstances of the case, in my opinion, it is not a case warranting custodial interrogation. The petition, as such, is accepted and it is ordered that the petitioner, in the event of arrest, be released on bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

12.2.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.02.12 18:45 I attest to the accuracy and integrity of this document