High Court of Punjab and HaryanaCRM-M/16418/2016allowed

Balwinder Singh @ Billa v. State Of Punjab

2016-08-03Mrs. Justice Rekha Mittal3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.206 Decided on: 03.08.2016 BALWINDER SINGH @ BILLA

...Petitioner

VS STATE OF PUNJAB

...Respondent

CORAM:HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. Sarabjit Singh, Advocate for the petitioner.

Ms. A.K.Khurana, Add.A.G, Punjab.

*** AJAY TEWARI, J. (Oral) This is a petition u/s 438 Cr.P.C praying for grant of anticipatory bail to the petitioner FIR No. 299 dated 07.12.2015 under Section 341/342/382/323/324/295-A/506/148/149 IPC registered at Police Station Sultanwind District Amritsar. On 12 May 2016, the following order was passed:

"Petitioner apprehends arrest in a case registered at the instance of his tenant Karamjit Singh alleging that the petitioner had assaulted him and removed his turban hurting his religious sentiments.

Counsel for the petitioner submits that the petitioner himself belongs to the same community and that he has been falsely implicated on account of landlord tenant dispute between the parties.

Notice to the Advocate General, Punjab, for 3.8.2016.

Meanwhile, an interim direction is issued that the petitioner will join investigation on or before 21.5.2016 or on any other day as required by the Investigating Officer. In case of petitioner doing so, he shall be released on interim bail to the satisfaction of the arresting officer."

Learned counsel for the petitioner states that the petitioner has joined the investigation and no recovery is to be made from him.

Learned Add.A.G, Punjab on instruction from ASI Balwinder Singh accepts these factual assertions but states that the petitioner has caused injuries to the complainant. However since, it is not disputed that the injuries are not grievous and there is landlord-tenant dispute between the parties, I do not deem it appropriate to deny the concession of anticipatory bail. Consequently this petition is allowed and the interim order

dated 12.05.2016 is confirmed subject to the provisions under Section 438(2) Cr.P.C.

August 03, 2016 (AJAY TEWARI) anuradha JUDGE Whether speaking/reasoned Yes/No Wheather Reportable Yes/No