Sukhchain Singh v. State Of Punjab

2024:PHHC:035819

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12077-2024 Date of Decision : March 13, 2024 SUKHCHAIN SINGH -PETITIONER V/S STATE OF PUNJAB -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Lalit Singla, Advocate with Ms. Varsha Sharma, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Gurinderjit Singh, Advocate with Mr. Mohit Garg, Advocate for the complainant.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner has sought the concession of pre-arrest bail, in case FIR No.11 dated 07.02.2024, under Sections 458, 323, 427, 148, 149 of the IPC (Sections 325 and 459 of the IPC added subsequently), registered at P.S. Dirba, District Sangrur.

2.

The learned counsel for the petitioner, in his asking for the relief (supra), has submitted that the petitioner has been falsely implicated in the present FIR, expect which, he is not involved in any other case. Nonetheless, he has further submitted even if the contents of the FIR are taken to be a gospel truth, yet the sole allegation against the petitioner, is that, he had given a blow of stick to the complainant, which hit on the DEVINDER YADAV 2024.03.15 09:05 I attest to the accuracy and authenticity of this order/judgment

CRM-M-12077-2024 2024:PHHC:035819 thumb of his right hand.

3.

At this stage, Mr. Gurinderjit Singh, Advocate along with Mr. Mohit Garg, Advocate, has caused appearance on behalf of the complainant, under a validly executed Vakalatnama instituted before this Court today. He has opposed the grant of pre-arrest bail to the petitioner, on the ground that, the injury, as inflicted to the complainant by the petitioner, has been declared "grievous in nature". 4.

Considering the fact that the injury attributed to the petitioner has been declared "grievous in nature", this Court is not inclined to grant the relief of anticipatory bail to the petitioner. Consequently, the instant petition is dismissed.

(KULDEEP TIWARI) March 13, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.03.15 09:05 I attest to the accuracy and authenticity of this order/judgment