Maan Singh Alias Maana v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 24.05.2023 Maan Singh @ Maana ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Anmol Jeevan Singh Gill, Advocate for Mr. Gursharan Singh, Advocate for the petitioner.

Mr. Harjinder S. Sidhu, AAG, Punjab.

HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.0258, dated 18.09.2022, registered under Sections 307, 323, 324, 341, 506, 148, 149 and 120-B of the Indian Penal Code, 1860 at Police Station Jandiala, District Amritsar (Rural).

2.

On 10.03.2023 the following order was passed by a Co-ordinate Bench of this Court :- "The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.0258 dated 18.09.2022 for the offences under Sections 307, 323, 324, 341, 506, 148, 149, 120-B IPC registered at Police

Station Jandiala, District Amritsar Rural.

Learned senior counsel submits that it is a case of version and cross-version wherein both the parties received injuries at the hands of each other. She submits that as per the allegations levelled in the FIR, the petitioner was allegedly armed with a kirpan and he inflicted injuries on the head of the complainant Manpreet Singh, which was opined to be simple in nature. She further submits that the injury attracting the mischief of Section 307 IPC has been attributed to co-accused Akashdeep. Learned senior counsel has also drawn the attention of this Court to Annexure P-1, which is MLR of Sunny, who received injury from the side of the petitioner.

Notice of motion for 24.05.2023.

Meanwhile, the petitioner is directed to join the investigation and appear before the investigating agency as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

3.

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. 4.

Learned State counsel on instructions from ASI Baldev Singh has not disputed the aforesaid fact of joining of investigation by the petitioner and submits that his custodial interrogation is not required at this stage.

5.

Heard learned counsel for the parties.

6.

Since the petitioner has joined the investigation and his custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 10.03.2023 passed by a Co-ordinate

Bench of this Court is made absolute.

7.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

8.

It is made clear that if the petitioner fails to comply with any of the bail conditions laid down under Section 438(2) Cr.P.C, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

9.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

10.

The petition is accordingly disposed of.

24.05.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No