Japinder Singh v. State Of Punjab And Others

2023:PHHC:074898 In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-6182-2023 (O&M) Date of Decision:- 24.5.2023 Japinder Singh ... Petitioner

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State of Punjab and others ... Respondents (II) CRM-M-1177-2023 (O&M) Amanjot Singh ... Petitioner

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State of Punjab ... Respondent (III) CRM-M-3760-2023 (O&M) Kamalpreet Singh ... Petitioner

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State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. N.S.Diwana, Advocate, for the petitioner. Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Balvir Singh.

Mr. Sushil Sheoran, Advocate, for the complainant. *****

- 2 - 2023:PHHC:074898 FIR NO.

DATE POLICE STATION OFFENCES 349 22.09.2021 Sohana, District SAS 307, 323, 341, 506, 148, 149 Nagar of IPC.

GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned three petitions wherein petitioners namely Tarsem Singh, Kuldeep Singh and Gagandeep Singh, seek grant of anticipatory bail in a case arising out of above mentioned FIR.

2.

It may here be mentioned that while it is the second petition for grant of anticipatory bail on behalf of Japinder Singh, the other two petitioners namely Kuldeep Singh and Gagandeep Singh have approached this Court for the first time.

3.

At the time of issuance of notice of motion in CRM-M-6182-2023 the following order was passed on 06.02.2023:

"CRM-5846-2023 In view of the reasons mentioned in the application, the same is allowed as prayed for.

Main case This is the second petition filed on behalf of the petitioner seeking grant of anticipatory bail in FIR No349, dated 22.9.2021, Police Station Sohana, District SAS Nagar, under Sections 307, 323, 341, 506, 148, 149 IPC. The earlier petition i.e. CRM-M-50738-2021 had been dismissed as withdrawn on 15.12.2021. Since, the said petition had not been disposed of on merits and in any case, there has been some change of circumstances,

- 3 - 2023:PHHC:074898 inasmuch as a compromise is stated to have taken place amongst the parties, the instant petition is being entertained.

Learned counsel for the petitioner submits that both the parties belong to the same village and are in the age group of 18/19 years and the FIR came to be lodged on account of some misunderstanding which has now been resolved, as is evident from compromise Annexures P-2 and P-3. It has further been submitted that co-accused Amanjot Singh and Kamalpreet Singh have already been granted interim bail by this Court on the basis of said compromise.

Notice of motion for 01.03.2023.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

To be heard alongwith CRM-M-1177-2023."

4.

Even in the other two cases i.e. CRM-M Nos.1177 & 3760 of 2023, this Court while issuing notice of motion ordered for grant of interim bail to the petitioner(s) while directing them to join investigation vide orders dated 11.1.2023 and 24.1.2023 respectively. 5.

Learned State counsel, upon instructions from ASI Balvir Singh, has informed that pursuant to interim directions, the petitioners have joined investigation but have not got the weapon of offence recovered.

- 4 - 2023:PHHC:074898 6.

Learned counsel for the complainant has endorsed the factum of compromise effected between the parties and has stated that he has no objection for grant of bail to petitioners.

7.

Having regard to the aforestated position wherein the parties are stated to have compromised the matter and even the complainant has no objection for grant of anticipatory bail to the petitioners and the petitioners have otherwise joined investigation, the petitions are accepted and the interim directions issued by this Court vide order dated 06.02.2023, 11.1.2023 and 24.1.2023 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

8.

A photocopy of this order be placed on the file of each connected cases.

24.05.2023 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No