Damanpreet Singh Alais Laddi v. State Of Punjab
2024:PHHC:034562
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH 211-2 CRM-M-4260-2024 Date of Decision : March 11, 2024 DAMANPREET SINGH ALIAS LADDI -PETITIONER V/S STATE OF PUNJAB -RESPONDENT
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Ranjit Singh Sidhu, Advocate for the petitioner.
Mr. Pardeep Bajaj, D.A.G., Punjab.
*** KULDEEP TIWARI, J. (ORAL) 1.
On 29.01.2024, this Court had passed the hereinafter extracted order, upon the instant petition:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner has sought the concession of anticipatory bail, in case FIR No.121 dated 13.10.2023, under Sections 323, 341, 307, 427, 506, 148, 149 of the IPC, registered at P.S. Mullanpur, District S.A.S. Nagar.
2. The learned counsel for the petitioner submits that though the fatal blow(s), which attracted the provisions of Section 307 of the IPC, is attributed to the petitioner, however, the instant case is indeed a case of roadside accident, which has deliberately been camouflaged as a case of assault. To strengthen this argument, he draws attention of this Court towards the MLR of injured Jasbir Singh (Annexure P-2), wherein, the gist of incident has been recorded as "Alleged history of road side accident". The relevant extract of the MLR is extracted hereinafter:- "Gist of incident as stated by the injured/accompanying person Gist of incident: Alleged history of road side accident. Brought by Varinder Singh, his friend, son of Baljinder Singh, Contact No.9878287889."
3. The learned counsel for the petitioner further submits that the petitioner is not involved in any other case of similar offence(s), however, he is involved in one case under the N.D.P.S Act and is already on bail therein.
4. This Court has also perused the police file, as produced by A.S.I. Raj Kumar. The M.L.R of the complainant, as enclosed in DEVINDER YADAV 2024.03.12 15:37 I attest to the accuracy and authenticity of this order/judgment
CRM-M-4260-2024 2024:PHHC:034562 the police file, also reveals that the complainant was admitted in G.M.S.H., Sector 16, Chandigarh, with alleged history of roadside accident. Taking into consideration the above facts and circumstances, especially the debatable issue as to whether the complainant/injured had suffered injuries in a roadside accident or in assault, this Court deems it appropriate to grant the asked for relief (supra) to the petitioner.
5. Notice of motion for 11.03.2024.
6. Mr. Dig Vijay Nagpal, A.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.
7. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.
8. To be heard with CRM-M-1227-2024."
2.
Today, the learned State counsel, on instructions imparted to him by A.S.I. Raj Kumar, has stated that pursuant to the making of the hereinabove extracted order, the petitioner had joined investigation and he is no longer required for custodial interrogation. 3.
In view of the above, the hereinabove extracted interim order dated 29.01.2024, as made by this Court, is made hereby absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 4.
This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.
Needless to say that anything observed hereinabove shall not be construed to be an opinion on the merits of the case. (KULDEEP TIWARI) March 11, 2024 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No DEVINDER YADAV 2024.03.12 15:37 I attest to the accuracy and authenticity of this order/judgment