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High Court of Punjab and HaryanaCRM-M/20008/2022allowed

Surinder Kumar Alias Poppy Alias Surinder Singh v. State Of Punjab

2022-09-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-20008-2022 (O&M) Date of Decision:-14.9.2022 Surinder Kumar @ Poppy @ Surinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S. Randhawa, Advocate for Mr. Ashok Kumar Khunger, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab, assisted by ASI Gurmeet Singh.

***** 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.0088, dated 24.10.2021, Police Station City-2, Abohar, District Fazilka, under Sections 341, 324, 323, 148, 149 of Indian Penal Code, wherein offence under Section 326 IPC was added later on.

2.

At the time of issuance of notice of motion, the following order was passed on 11.5.2022:

"Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No. 0088 dated 24.10.2021, registered under Sections 341, 324, 323, 148, 149 of the IPC (Section 326 IPC added later on) at Police Station City-2 Abohar, District Fazilka. Learned counsel for the petitioner submits that though the injuries attributed to the petitioner are on non-vital part of the body, PANKAJ KAKKAR 2022.09.15 19:35 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-20008-2022 (O&M) however, the petitioner, in order to show his bona fide, he is ready to compensate victim Rohit Kumar by paying him an amount of Rs. 10,000/- towards his medical expenses, without any prejudice to his right of defence. Notice of motion for 14.09.2022. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. However, this will be subject to a condition that the petitioner will hand over a sum of Rs. 10,000/- to the Investigating Officer within a period of 15 days, which will further be paid to said victim."

3.

Learned State counsel, upon instructions from ASI Gurmeet Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. It has also been informed that the petitioner has paid an amount of Rs.10,000/- as had been directed vide order dated 11.5.2022. 4.

Having regard to the facts and circumstances of the case and while also noticing that petitioner has already joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 11.5.2022 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.

14.9.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.09.15 19:35 I attest to the accuracy and authenticity of this document