Amrinder Singh And Others v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-19863-2021 (O&M) Date of Decision:-27.7.2021 Amrinder Singh and others ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jagdeep Singh Chahal, Advocate for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Amrik Singh.

Mr. Bahadur Singh, complainant is present in person, alongwith his counsel.

(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.95 dated 5.4.2019 at Police Station Sohana under Section 323, 341, 506, 294, 148 and 149 of Indian Penal Code, wherein offence under Sections 307 and 325 IPC were added later on. 2.

Learned counsel for the petitioners submits that the petitioners had been granted bail earlier in the FIR as the offences were bailable in the year 2019 itself but now after about 2 years an offence under Section 307 IPC has been PANKAJ KAKKAR 2021.07.27 19:10 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-19863-2021 (O&M) added, which has led to apprehension of the petitioners as regards their arrest.

3.

Opposing the petition, learned State counsel assisted by learned counsel for the complainant has submitted that it is a case where the petitioners have been able to delay the lodging of FIR inasmuch as the FIR itself was lodged after about 4 days of the occurrence and that too was lodged for minor offences and it is only after about two years that offence under Section 307 IPC came to be added and that too when the complainant had filed a private complaint also. Learned State counsel has, however, informed that pursuant to interim directions, the petitioners have since joined investigation. 4.

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

Having regard to the fact that the offence under Section 307 IPC came to be added after about 2 years of the occurrence and that there is nothing on record to suggest that during the said two years, when the petitioners were on bail, they had ever misused the concession of bail, the present petition is accepted and the interim directions issued by this Court vide order dated 18.5.2021 are hereby made absolute, subject to the condition that the petitioners 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. 27.7.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.07.27 19:10 I attest to the accuracy and integrity of this document