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High Court of Punjab and HaryanaCRM-M/13479/2021allowed

Sunil Kumar v. State Of Haryana

2021-08-10Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 10.8.2021 Sunil Kumar .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Partap Singh, Advocate, for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Surender Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.18, dated 6.2.2021, Police Station Nigdhu, District Karnal, under Sections 148, 149, 323, 324, 506 IPC.

2.

At the time of issuance of notice of motion on 23.3.2021 the following order was passed:

"Learned counsel for the petitioner contends that it is a case of cross-version, wherein as many as 7 persons

- 2 - from the side of the accused (petitioner's side) have been injured, who have sustained 26 injuries in all, whereas it is 4 persons, who have sustained injuries from the complainant side, who have sustained a total of 13 injuries.

Notice of motion for 10.8.2021.

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." 3.

Learned State counsel, upon instructions from ASI Surender Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation. Learned State counsel has not disputed the fact that it is a case where several persons from the side of accused have also been injured.

4.

Bearing in mind the aforesaid factual position wherein a large number of persons from the side of accused have also sustained injuries, it will certainly be debatable as to which of the party would be aggressor. In these circumstances and keeping in view the fact that the petitioner has joined investigation, the petition is accepted and the interim directions issued by this Court vide order dated 23.3.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so

- 3 - and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 10.8.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No