High Court of Punjab and HaryanaCRM-M/6840/2019allowed

Baldev Singh v. State Of Punjab

2019-09-13Mr. Justice Manoj Bajaj2 pages

CRM-M-6840-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6840-2019 (O & M) Date of Decision:13.09.2019 Baldev Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Sarabjit Singh, Advocate for the petitioner.

Mr. Hittan Nehra, Addl. A.G., Punjab.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in a cross case registered vide G.D. No.17 dated 06.05.2018 under Sections 323/324/325/326/148/149 IPC, 1860 in case FIR No.35 dated 05.05.2018 under Sections 323/324/325/326/148/149 IPC, registered at Police Station Tarsika, District Amritsar. The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 14.02.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner contends that it is a case of cross-version wherein the father of the Sheetal Gawri 2019.09.17 10:13 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-6840-2019 (O & M) -2petitioner had lodged the FIR and that as many as 7 persons from the side of the accused have sustained injuries.

Notice of motion for 14.05.2019.

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 Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. "

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from ASI Dhrampal does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 14.02.2019 is made absolute. 13.09.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.09.17 10:13 I attest to the accuracy and integrity of this document Chandigarh