High Court of Punjab and HaryanaCRM-M/8814/2024dismissed

Mohinder Singh v. State Of Punjab And Others

2024-02-26Mr. Justice Harpreet Singh Brar2 pages

CRM-M No.8814 of 2024 -12024:PHHC:026451

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 101.

CRM-M No.8814 of 2024 (O&M) Date of Decision:26.02.2024 Mohinder Singh ... Petitioner

Versus

State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Sukhpreet Kaur Grewal, Advocate for the petitioner.

*** HARPREET SINGH BRAR, J. (ORAL) 1.

The present petition has been filed under Section 439 (2) Cr.P.C. for cancellation of anticipatory bail granted to respondents No.2 to 7 in FIR No.0055 dated 05.12.2023 registered under Sections 323, 447, 511, 379, 148, 149 IPC at Police Station Kheri Naudh Singh, District Fatehgarh Sahib vide order dated 05.01.2024 passed by the learned Sessions Judge, Fatehgarh Sahib. 2.

Learned counsel appearing for the petitioner inter alia contends that respondents No.6 and 7 had joined investigation on 04.01.2024 i.e. one day prior to the passing of the impugned order dated 05.01.2024 and the investigating officer is acting under the influence of private respondents. 3.

Having heard learned counsel for the petitioner and after perusing the record, this Court finds no ground to set aside the impugned order dated 05.01.2024. There is a delay of 18 days in filing of the FIR and maximum punishment provided for the offences committed under the FIR is upto 3 years. Further, the counsel for the petitioner fails to satisfy the parameters as laid down by the Hon'ble Supreme Court in Daulat Ram and Others v. State of Haryana (1995) 1 SCC 349 that bail once granted cannot be cancelled in a mechanical PANKAJ KUMAR 2024.02.27 13:59 I attest to the accuracy and authenticity of this document

CRM-M No.8814 of 2024 -22024:PHHC:026451 manner without considering whether any supervening circumstances have rendered it inconducive to allow fair trial. No supervening circumstance or exceptional ground is made out by the petitioner, which warrants cancellation of anticipatory bail granted to respondents No.2 to 7. 4.

Dismissed.

(HARPREET SINGH BRAR) JUDGE February 26, 2024 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2024.02.27 13:59 I attest to the accuracy and authenticity of this document