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High Court of Punjab and HaryanaCRM-M/6077/2024allowed

Harmandeep Singh v. State Of Punjab

2024-03-12Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:035188

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-6077-2024 (O&M) Date of decision: 12.03.2024 HARMANDEEP SINGH ....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Sarabjit Singh Cheema and Mr. Jatinder Pal Singh, Advocates for the petitioner.

Mr. Ankit Grewal, DAG Punjab.

***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 25.10.2023 324, 323, 148, 149 IPC;

(326 IPC added vide G.D.

No.26 dated 26.10.2023) Kot Ise Khan, District Moga 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 21.02.2024 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from ASI Gurmail Singh, has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation. 4.

Heard.

5.

During the course of hearing on 21.02.2024, the following order was SANDAL SHARMA 2024.03.12 18:06 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:035188 CRM-M-6077-2024 (O&M) -2passed:- "3. It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He further contends that as per the allegations, injuries attributed to the petitioner are simple in nature and there is no other case registered against the petitioner, who is aged about 19 years. He further contends that the petitioner is ready to join investigation.

4. Per contra, learned State counsel, on instructions from ASI Nachattar Singh, P.S. Kot Ise Khan, submits that the injuries attributed to the petitioner, as per the allegations levelled by the complainant, are simple in nature and there is no other case pending against him.

5. List on 12.03.2024.

6. In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C." 6.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 21.02.2024 passed by this Court, interim bail granted vide order dated 21.02.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

7.

The petition stands allowed.

(SANJIV BERRY) JUDGE 12.03.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.03.12 18:06 I attest to the accuracy and authenticity of this order/judgment