High Court of Punjab and HaryanaCRM-M/10472/2020allowed

Amarjeet Singh v. State Of Haryana

2020-07-31Mr. Justice Gurvinder Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-31.7.2020 AMARJEET SINGH ... Petitioner

Versus

STATE OF HARYANA ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Tejinder Pal Singh, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

(the aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in Virtual Court) ***** GURVINDER SINGH GILL, J .

1. The petitioner has approached this Court seeking grant of anticipatory bail in a case registered against him vide FIR No.73 dated 8.9.2019 under Sections 323, 324, 506 IPC (Section 307 IPC added later on) at Police Station Ram Nagar, District Karnal.

2. The FIR in question was lodged at the instance of Ashish wherein it has been alleged that on 8.9.2019 when he was getting ready to go back to his house after doing night shift from the company, he was caused injuries by the petitioner with the help of some pointed article on his face and waist

(2) and when co-worker Swarn tried to rescue him the petitioner even caused injury to him.

3. Learned counsel for the petitioner has submitted that initially the FIR in respect of offences under Sections 323, 324, 506 IPC was registered and the petitioner was relesed on bail, but subsequently after about 1 month offence under Section 307 IPC was added leading to apprehension in the mind of the petitioner regarding his arrest and consequently the petitioner moved an application for grant of anticipatory bail, which was rejected by the trial Court. Learned counsel for the petitioner has submitted that in fact it is a case where even the petitioner has sustained 3 injuries including an incised wound as would be evident from the MLR (Annexure P-2) and that the petitioner had got himself examined on the same very day on which the occurrence had taken place i.e. 8.9.2019.

4. Opposing the petition, the learned State counsel has submitted that since the petitioner is specifically alleged to have caused injuries and Doctor has opined injuries of Swarn to be dangerous to life, no case for grant of bail is made out. Learned State counsel however upon instructions from ASI Gulwinder has stated that the petitioner is not involved in any other case.

5. Having regard to the facts and circumstances of the case and that the petitioner is not stated to have misused the concession of bail as granted earlier and that injuries sustained by the petitioner have not been explained, the petition merits acceptance and is hereby accepted and it is ordered that the petitioner in the event of his arrest shall be released on

(3) 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 Arresting/Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. ( GURVINDER SINGH GILL) 31.7.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No