Abdullah@Dulla v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205-1 Date of Decision : 13.09.2023 Abdullah @ Dulla ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Mohit Kumar, Advocate for the petitioner. Mr. M.S. Tiwana, AAG Punjab.

ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.180 dated 08.12.2022 under Sections 307, 354, 341, 323, 506, 148 and 149 of the Indian Penal Code, 1860 registered at Police Station City-2, Malerkotla District Malerkotla 2.

On 17.01.2023 the following order was passed : "Prayer is for grant of anticipatory bail in case FIR No.180 dated 08.12.2022, under Sections 307, 354, 341, 323, 506, 148 and 149 IPC, registered at Police Station City-2 Malerkotla, District Malerkotla. Learned counsel for the petitioner submits that as per the allegations in the FIR, the petitioner gave stick blow on the person of complainant.

Learned State counsel on instructions from HC

-2Shajiq Khan submits that as per the MLR, the injuries are simple in nature and the grievous injury under Section 307 has been caused by the co-accused Ali, who is already in custody.

Learned counsel for the petitioner has relied upon the order passed by this Court in case titled as "Mohd. Abrar @ Bablu Vs. State of Punjab" passed in CRM-M61189-2022. In the meanwhile, the petitioner shall join investigation on 19.01.2023 at 11:00A.M. before the Investigating Officer and cooperate with the Investigating Agency even thereafter.

In the event of arrest, the petitioner be released on interim bail subject to furnishing personal/surety bonds to the satisfaction of the Arresting/Investigating Officer and the petitioner shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C.

Adjourned to 23.03.2023."

3.

Learned counsel for the petitioner states that the petitioner has since joined the investigation and fully cooperated. 4.

Learned State counsel on instructions from ASI Gulzar Singh has stated that the petitioner has since joined investigation and fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 17.01.2023 is made absolute. The petitioner shall, however, join investigation as and when

-3called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 13.09.2023 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO