High Court of Punjab and HaryanaCRM-M/36322/2016allowed

Gaganvir Singh v. State Of Punjab

2016-11-21Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-36322 of 2016 .....

Date of decision:21.11.2016 Gaganvir Singh .....Petitioner v.

State of Punjab .....Respondent ....

Present:

Mr. Vishal Aggarwal, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

Mr. R.D. Bawa, Advocate for the complainant.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.8 dated 26.8.2016 registered for the offences under Sections 379, 427, 506 and 34 IPC at Police Station NRI Gurdaspur, District Gurdaspur.

Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and Mr. R.D. Bawa, learned Advocate appeared for the complainant and contested this petition. I have heard learned counsel for the parties as well as learned Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.

The present petitioner has already joined the investigation. He Harpal Singh Parmar 2016.11.22 17:26 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-36322 of 2016 [2] is not required for custodial interrogation. The dispute is between the cousin brothers. The occurrence is stated to be of 13.6.2015 and the FIR was got registered on 26.8.2016. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 7.10.2016 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. November 21, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.11.22 17:26 I attest to the accuracy and authenticity of this document Chandigarh