High Court of Punjab and HaryanaCRM-M/38205/2015allowed

Davinder Singh v. State Of Punjab

2015-11-17Mrs. Justice Rekha Mittal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH C.R.M-M No.38205 of 2015(O&M) Date of Decision : 17.11.2015 Davinder Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI *** Present :

Mr. A.S.Kalra, Advocate for the petitioner.

Mr. Ashish Sanghi, D.A.G., Punjab.

***

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (Oral) This is an application for anticipatory bail in case bearing FIR No. 25 dated 12.05.2015 registered under Sections 341, 325, 506, 295, 323, 308, 148 and 149 IPC at Police Station Kalanour, District Gurdaspur.

Learned counsel has argued that the petitioner was not named in the FIR and has been implicated after 4 1⁄2 months. Further he is a 75 years old man who himself suffered serious injuries. As per him in both the FIR and the cross version two persons have been arrested from each side and as far as the present petitioner is concerned, in case he is granted the concession of anticipatory bail, he would, on his part, not oppose the grant of the concession of anticipatory bail to the third accused in the cross version. Learned DAG, on instructions from HC Ajay Rajan, has argued that once it is admitted that the petitioner was involved in the fracas, there is no occasion to grant him the SUNITA NAGPAL 2015.11.18 12:42 I attest to the accuracy and authenticity y of this document Chandigarh

C.R.M-M No.38205 of 2015(O&M) -2concession of anticipatory bail. However, keeping in view all the facts I do not deem it appropriate to deny the concession of anticipatory bail to the present petitioner. Let him appear before the Investigating Officer on 27.11.2015 or any other date on which his appearance is so required by him and on his appearance he shall be released on bail by the Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. ( AJAY TEWARI ) November 17, 2015 JUDGE sunita SUNITA NAGPAL 2015.11.18 12:42 I attest to the accuracy and authenticity y of this document Chandigarh