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High Court of Punjab and HaryanaCRM-M/10652/2019allowed

Surjit Singh v. State Of Punjab

2019-09-19Mr. Justice Surinder Gupta2 pages

CRM-M-10652 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10652 of 2019 Date of Decision: 19.09.2019 Surjit Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr.Gagandeep Singh Simble, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

Mr. Manoj Pundir, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in DDR No. 40 dated 24.08.2018 recorded for offences punishable under Sections 307, 341, 323, 326, 148, 149 of Indian Penal Code (for short 'IPC') in case bearing FIR No.169 dated 23.08.2018 registered for the offences punishable under Sections 307, 341, 323, 148 and 149 IPC, at Police Station Sadar Amritsar, District Police Commissionerate Amritsar, District Amritsar. Heard.

It is a cross-version case in which two persons on both the sides suffered injuries. On query, learned State counsel on instructions from ASI Harjinder Singh submits that the police has yet to ascertain as to which was the aggressor party.

In cross-version case, the petitioner has been attributed two JITENDER KUMAR 2019.09.19 16:57 I attest to the accuracy and integrity of this document Chandigarh firearms injuries on the person of Sukhdeep Singh and Malkiat Singh while

CRM-M-10652 of 2019 -2as per medicolegal report, seven injuries were found on the person of petitioner, which as per learned State counsel, were declared to be simple in nature.

Without expressing any opinion on the merits of the case and keeping in view the fact that the police has not able to arrive at the conclusion as to which was the aggressor party, this petition is allowed and order dated 08.03.2019 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

September 19, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.09.19 16:57 I attest to the accuracy and integrity of this document Chandigarh