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High Court of Punjab and HaryanaCRM-M/21609/2021allowed

Amandeep Singh v. State Of Punjab

2021-07-28Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.7.2021 Amandeep Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Arshdeep Singh Brar, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by Baljinder 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.35 dated 12.3.2021 at Police Station Baghapurana, District Moga under Sections 458/323/427/341 and 506 of Indian Penal Code.

2.

At the time of issuance of notice of motion on 22.6.2021, the following order was passed:

"Case has been heard through video conferencing on account of Covid-19 Pandemic.

This is petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.35 dated

( 2 ) 12.3.2021 registered under Sections 458, 323, 427, 341, 506 IPC at Police Station Baghapurana District Moga. Notice of motion.

Mr. Prabjot Singh Walia, AAG, Punjab accepts notice on behalf of the respondent.

As per the State counsel, offence under Section 325 IPC has also been added on the basis of medical record, in the present case.

The counsel for the petitioner submitted that the alleged grievous injury is not attributed to the petitioner. Only simple injury has been attributed to the petitioner who is ready to join investigation.

In the light of the above, the petitioner is hereby directed to join investigation with the police. In case of his arrest, he is directed to be released on interim bail by the Investigating Officer to his own satisfaction till the next date of hearing. The petitioner should join investigation with the police well in time before the next date of hearing and should abide by the conditions envisaged in Section 438(2) Cr.P.C. Now the case is adjourned to 28.7.2021.

Report of SHO be also called for that date."

3.

Learned State counsel has informed that pursuant to interim directions the petitioner has since joined investigation and that his custodial interrogation is not required.

4.

In view of the aforestated position, wherein the petitioner is already stated to have joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 22.6.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so

( 3 ) and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 28.7.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No