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High Court of Punjab and HaryanaCRM-M/18938/2017allowed

Manpreet Singh @ Manna v. State Of Punjab

2017-09-27Mr. Justice Surinder Gupta2 pages

CRM-M-18938-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-18938 of 2017 (O&M) Date of Decision: September 27, 2017 Manpreet Singh @ Manna ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sukhjit Singh, Advocate for the petitioner (s).

Mr. Luvinder Sofat, A.A.G. Punjab.

******* 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 case FIR No. 24 dated 12.03.2017 registered for the offences punishable under Sections 323, 324, 341, 427, 506, 148 read with Section 149 of Indian Penal Code (for short IPC) (Section 307 IPC added later on) at Police Station Jodhan, Ludhiana.

Heard.

Learned State counsel on instructions from HC Balwinder Singh submits that petitioner has joined the investigation and the recovery of the weapon has been effected from him. He further submits that as per the medical record, injuries No. 4 and 5 on the person of Parminder Singh were on forehead and near the eye and due to this reason, the offence punishable Jyoti 2017.09.28 16:52 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-18938-2017 -2under Section 307IPC has been added in this case. On perusal of medical report, I find that both the injuries No. 4 and 5 attributed to petitioner were skin deep there is no medical evidence that these injuries were found dangerous to life by the doctors of the Civil Hospital or even by any private doctor. Even in the MRI and C.T scan of petitioner, no injury beyond the skin was observed. Keeping in view the above fact but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 30.05.2017 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, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) September 27, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.09.28 16:52 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH