Lakhbir Jhally @ Lucky v. The State Of Punjab

CRM-M-2991-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2991-2021

Reserved on: 08.08.2022

Pronounced on: 26.08.2022 Lakhbir Jhally @ Lucky

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. S.K. Virk, Advocate for the petitioner.

Mr. Dhruv Dayal, Sr. DAG, Punjab.

Mr. N.S. Lucky, Advocate for the complainant. **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 21.11.2020 Satnampura, Phagwara, 380, 427, 506 IPC.

District Kapurthala 1.

The petitioner apprehending arrest in the FIR captioned above had come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail. 2.

Vide order dated 22-01-2021, the petitioner was granted interim protection, which is continuing till date.

3.

Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

Ld. counsel representing the State opposes bail. REASONING:

5.

The petitioner is a minor. Without adjudicating this court's jurisdiction on bail to a minor, there is no reason to discontinue the interim protection, and during the interregnum, there is no allegation that he had intimidated the victim or victim's family or the witnesses or that he had hampered the investigation, or despite being called to join the investigation, he did not appear before the investigator. Given the above, there would be no justification to discontinue the interim protection, and the same is made JYOTI 2022.08.29 18:45 I attest to the accuracy and integrity of this document

CRM-M-2991-2021 absolute.

Petition allowed in aforesaid terms. Interim order is made absolute subject to strict compliance of all terms and conditions. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 26.08.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.08.29 18:45 I attest to the accuracy and integrity of this document