Bhim Singh Alias Pappu v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 09.04.2021 Bhim singh @ Pappu
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH
Present:
Mr. Mahipal Yadav, Advocate, for Mr. Sunny Kumar Singla, Advocate, for the petitioner. Mr. B.S. Virk, DAG, Haryana.
Mr. Keshav Partap Singh, Advocate, for the complainant. Amol Rattan Singh, J. (Oral) Case heard by way of video conferencing.
On 26.020.2021, the following detailed order was passed, reproducing therein the earlier order passed on 13.01.2021 in the previous petition filed by the petitioner, as also the order dated 22.01.2021 passed in that very petition:- "
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#!# @ Today learned State counsel submits on instructions that the petitioner has joined investigation and that the Danda has also been recovered from his possession.
Mr. Keshav Partap Singh, appearing for the complainant, however points out that the petitioner not being a resident of the locality where the occurrence took place but being a resident about 2 k.m. away, there was no reason for him to be present at the spot unless there was an intention in his mind of actually attacking the complainant and his party. Even having considered the aforesaid contention, what was already observed by this court in the last order, is repeated, to the extent that as per the CCTV footage, he was actually seen to be empty handed at the spot, with him seen trying to placate people, but thereafter those whom he was accompanying having been attacked, in turn he himself picked up a danda and started beating the attackers and was also hit himself in the occurrence.
That being so, without making any comment on the actual merits of the case, whatsoever, this petition is allowed, with the interim order dated February 26, 2021, granting interim bail to the petitioner, made absolute on the same terms and conditions.
Naturally, if the complainant is aggrieved in any manner, of lack of proper investigation, he/she would be always at liberty to avail of
-6his/her remedy as per law.
It is also to be observed here that if any other co-accused of the petitioner moves a similar petition seeking to be admitted to bail, such petition would be considered on its individual merits. 09.04.2021 (AMOL RATTAN SINGH) vcgarg JUDGE Whether reasoned/speaking: Yes Whether reportable:
No