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High Court of Punjab and HaryanaCRM-M/7530/2022dismissed

Gurjant Singh Alias Janta v. State Of Punjab

2022-05-27Mr. Justice Harnaresh Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 27.05.2022 GURJANT SINGH ALIAS JANTA     



STATE OF PUNJAB    

    

               

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This is an application for impleading complainant, namely, Angrej Singh, as respondent No.2 in the present case. Notice of the application.

On the asking of this Court,     

   and Mr. Devender Arya, Advocate for the petitioner accept notice and submit that they have no objection if the present application is allowed.

In view of the above, the application is allowed and the complainant is hereby ordered to be impleaded as respondent No.2 in the present case.

-2Amended memo of parties is taken on record. Registry is directed to place the same at an appropriate place. CRM-M-7530-2022 Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.209 dated 23.06.2021 registered under Sections 307, 458, 323, 325, 506, 148, 149 IPC, at Police Station Derabassi, District SAS Nagar (Mohali), Punjab.

Learned counsel for the petitioner submits that there is an unexplained delay of two days in lodging the present FIR, inasmuch as, the occurrence took place on 21.06.2021 whereas the FIR was registered on 23.06.2021; that the petitioner and the complainant are residing in the same village; that the petitioner was alleged to have been holding a sword in his hand and that no injury has been attributed to the petitioner. He further submits that the injuries on the person of the injured are blunt one.

In support of his contentions, learned counsel for the petitioner relies upon the judgment passed by Bombay High Court in anticipatory Bail Application No.2857 of 2021 titled Alnesh Akil Somji vs State of Maharashtra, decided on 14.12.2021. Vide order dated 23.02.2022, the petitioner has been granted ad-interim anticipatory bail and had been directed to join the investigation.

Learned State counsel assisted by learned counsel for the

-3complainant submits that in compliance of the aforesaid order, the petitioner has not joined the investigation. He further submits that, during the period, the petitioner was on interim bail, another FIR No.124 dated 04.04.2022, under Section 308, 341, 506, 427, 147 and 149 IPC Police Station Derabassi, SAS Nagar (Mohali), has been registered against him. Admittedly, the petitioner has been granted interim protection by this Court on 23.02.2022. Despite that the petitioner has not bothered to comply with the directions passed by this Court. Above all, during the period, the petitioner was on interim bail, he had involved himself in another crime. Resultantly, FIR No.124 dated 04.04.2022 has been registered against him.

There is no denial to the aforesaid fact from the side of the learned counsel for the petitioner.

The petitioner cannot be allowed to enjoy the interim protection at the cost of violation of the order passed by this Court. In view of the above, the petitioner is no longer entitled to the concession of anticipatory bail.

Dismissed.

Interim order dated 23.02.2022 passed by this Court stands vacated.

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