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High Court of Punjab and HaryanaCRM-M/15041/2021allowed

Gurpreet Singh Gajiawala @ Gurpreet Singh v. State Of Punjab

2021-08-03Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-3.8.2021 Gurpreet Singh Gajiawala @ Gurpreet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Neeraj Jain, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Rachpal 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 vide FIR No.99 dated 22.7.2019 at Police Station Gidderbaha, Sri Muktsar Sahib under Sections 323, 379-B and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion on 6.4.2021, the following order was passed :

"The petitioner seeks grant of anticipatory bail in a case registered against him vide FIR No.99 dated 22.07.2019 at Police Station Gidderbaha, Sri Muktsar Sahib, under Sections 323/379-B/34 IPC.

( 2 ) The FIR in question was lodged at the instance of Rahul, wherein it is alleged that on 10.07.2019 while he was on his way to Railway Station and was passing in front of the shop of Dr. Channa, he called him inside where Gurpreet Singh (petitioner), Munna and Sagar were present and who caused injuries to him. It is alleged that Sagar hit him with a baseall bat on the back of his head. Gurpreet Singh is alleged to have given three blows with stick hitting him on his left hand. Munna is stated to have given four blows with a stick on his back. It is further alleged that the said persons snatched an amount of Rs.10,000/- which he was carrying and also his mobile phone.

Learned counsel for the petitioner has submitted that it is a case of causing simple injuries and that in any case, two identically situated coaccused have already been granted regular bail and in these circumstances, the petitioner also deserves the concession of bail. Notice of motion for 03.08.2021.

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 investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Rachpal Singh, has informed that pursuant to interim directions issued by this Court the petitioner has since joined investigation. Learned State counsel has also informed that other than the instant case the petitioner happens to be involved in two more cases.

4.

I have considered rival submissions addressed before this Court. 5.

Having regard to the nature of allegations, which are mainly pertaining to causing of simple injury and snatching of an amount of `10,000/- and mobile phone and while noticing that the petitioner has already joined investigation,

( 3 ) the present petition is accepted and the interim directions issued by this Court vide order dated 6.4.2021 are hereby made absolute, subject to the condition that the petitioner shall join 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. 3.8.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No