High Court of Punjab and HaryanaCRM-M/16395/2021allowed

Sonu v. State Of Punjab

2021-11-08Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16395-2021 Date of Decision:-8.11.2021 SONU ... Petitioner

Versus

STATE OF PUNJAB ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Kamal Narula, Advocate for the petitioner.

Mr. Tanvir Joshi, AAG, Punjab.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

This is the first petition under Section 438 Cr.P.C. praying for grant of anticipatory to the petitioner in case FIR No.32 dated 20.3.2021 registered under Section 324, 427, 341, 506, 148, 149 IPC (Section 326 IPC added latter on) at Guruharsahai Singh, District Ferozepur. The State counsel at the outset submitted that the petitioner joined investigation with the police in compliance of order dated 12.04.2021 GAURAV SOROT 2021.11.08 16:48 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-16395-2021 passed by this Court and got effected recovery of sword used in the crime. The State counsel further submitted that now the petitioner is not required by the police for any further investigation. The aforesaid statement was made by the State counsel on instructions from ASI Mohinder Singh. Admittedly, the alleged injury caused by the petitioner-Sonu with sword on the right leg of the complainant was found to be grievous in nature. The said injury was caused on the non-vital part of the body of the complainant. The complainant has already been discharged from the hospital and as per State counsel, the recovery of weapon used by petitioner has also been effected.

In these circumstances, I am of the view that no purpose will be served even if the petitioner is sent to police custody at this stage. Consequently, the present petition under Section 438 Cr.P.C. is allowed and the order of interim bail dated 12.04.2021 is hereby made absolute. The petitioner should abide by the conditions as envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 8.11.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2021.11.08 16:48 I attest to the accuracy and integrity of this document