High Court of Punjab and HaryanaCRM-M/6161/2020allowed

Bhupender v. State Of Haryana

2021-09-09Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:09.09.2021 Bhupender ......Petitioner Vs State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Ms. Shaveta Sanghi, Advocate for the petitioner.

Mr. Anant Kataria, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.240 dated 07.10.2019 registered under Sections 323, 324, 326, 147, 148, 149, 506 IPC at Police Station Sadar Sirsa (Sirsa Sadar), District Sirsa. Notice of motion was issued on 12.02.2020 on the premise that the alleged role attributed to the petitioner was that

he had given a sword blow on the head of Arjun Dass(injured). MLR of the injured would show that the relevant injury was blunt in nature. Offence under Section 326 IPC has been alleged in the FIR. The very nature of the injury found on the person of the injured, would remain debatable whether it falls under Section 326 or 325 or 324 IPC. Offence other than Section 326 IPC would be bailable in nature. On 04.03.2020, learned State counsel on the basis of record of MLR stated before the Court that the injury attributed to the petitioner was blunt in nature. In view of aforesaid statement, the petitioner was directed to join the investigation.

Learned counsel for the petitioner submits that the petitioner has joined the investigation in compliance of order dated 04.03.2020 to the entire satisfaction of the Investigating Officer.

This fact has been admitted by learned State counsel on instructions from HC Varyam Singh and submits that the petitioner is no more required for further investigation in the case.

In view of aforesaid factual position, the interim order dated 04.03.2020 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2)

Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 07.09.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No