High Court of Punjab and HaryanaCRM-M/3583/2020allowed

Jaswaranjit Bhagi v. State Of Punjab

2021-09-06Mr. Justice Raj Mohan Singh2 pages

CRM-M No.3583 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.3583 of 2020 Date of Decision:06.09.2021 Jaswaranjit Bhagi ......Petitioner Vs State of Punjab .....Respondent CRM-M No.6288 of 2020 Gagandeep Bhagi ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr.G.B.S Dhillon, Advocate for the petitioner(s).

Mr. Amar Ashok Pathak, Addl. A.G, Punjab.

Mr. Vishal Deep Goyal, Advocate for the complainant.

**** RAJ MOHAN SINGH, J. (Oral) Vide this common order, CRM-M No.3583 of 2020 titled "Jaswaranjit Bhagi Vs. State of Punjab and CRM-M No.6288 of 2020 titled "Gagandeep Bhagi Vs. State of Punjab are being disposed of. Since, both petitions have arisen out of the same FIR, therefore, common facts are being noticed. Petitioners seek grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.427 dated 29.12.2019 registered under Sections 295, 323, 506 of IPC, at Police AMANDEEP GOSAIN 2021.09.07 14:37 I attest to the accuracy and integrity of this document

CRM-M No.3583 of 2020 Station Phillaur, Police District Jalandha (Rural), District Jalandhar.

Notice of motion was issued on 28.01.2020, on the premise that pulling of beard in an open fight would not attract culpability in terms of Section 295 IPC, though in the case of private fight the intention to insult a particular religion in rem would be debatable.

Learned counsel for the petitioner(s) submits that in compliance of the order dated 28.01.2020 & 13.02.2020, petitioners have joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Umesh Kumar admits the aforesaid fact and submits that even challan has been submitted in the Court.

Learned counsel for the complainant, however opposed the bail.

Since the challan has been submitted and the petitioners have joined the investigation to the satisfaction of the Investigating Officer and their presence is no more required for further investigation, therefore, the interim orders dated 28.01.2020 & 13.02.2020 are made absolute. However, petitioner(s) shall keep on appearing before the trial Court regularly.

Petitions stand disposed of.

(RAJ MOHAN SINGH) 06.09.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No AMANDEEP GOSAIN 2021.09.07 14:37 I attest to the accuracy and integrity of this document