High Court of Punjab and HaryanaCRM-M/31415/2017allowed

Sunil Kumar @ Bobby v. State Of Punjab

2017-10-30Mr. Justice Arun Monga2 pages

CRM No.M-31415 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM No.M-31415 of 2017 Date of decision:30.10.2017 Sunil Kumar @ Bobby ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Sanjeev Kumar Bawa, Advocate for the petitioner.

Mr. Manreet Singh Nagra, AAG, Punjab.

AMIT RAWAL J. (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.20 dated 30.01.2016 under Sections 324, 506, 34 IPC, (offence under Section 307 IPC added later on) registered at Police Station Basti Jodhewal, District Ludhiana, Punjab.

Learned counsel for the petitioner submits that in pursuance to the order dated 25.08.2017 after noticing the contention, granting of adinterim bail, the petitioner has joined the investigation. On instructions from ASI- Bhagan Singh, learned State counsel has not controverted the aforesaid fact and further submits that the alleged weapon was recovered from the hospital. Savita 2017.10.31 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM No.M-31415 of 2017 {2} Prima facie, as per the certificate dated 16.01.2008 (Annexure P-3), issued by the office of Civil Surgeon, Ludhiana, the petitioner is mentally disabled and has 50% permanent (physical impairment/visual impairment/speech and hearing/mentally impairment) in relation to his Hemi Paresis R+side.

Keeping in view the facts and circumstances of the present case and fact that the petitioner is not required for custodial interrogation and he has already joined investigation, no useful purpose will be served by sending him to custody. Therefore, the present petition is accepted. The order dated 25.08.2017 granting interim bail to the petitioner is made absolute.

Petition stands disposed of.

(AMIT RAWAL) JUDGE October 30, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.10.31 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh