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High Court of Punjab and HaryanaCRM-M/24071/2021allowed

Jindi Alias Lakhvir Singh v. State Of Punjab

2021-08-16Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 16.8.2021 Jindi alias Lakhvir Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. L.S.Sekhon, Advocate, for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Jagsir 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 against him vide FIR No.46, dated 31.3.2021, Police Station Baghapurana, District Moga, under Sections 452, 326, 324, 323, 148, 149 IPC. 2.

At the time of issuance of notice of motion on 25.6.2021 the following order was passed:

"xxx xxx xxx It is inter-alia contended that it is a case of version and cross-version as two persons namely Dharampreet Singh and Balveer Singh from the side of the

- 2 - petitioner too are injured and that the alleged injury is on the non-vital part.

Notice of motion for 16.8.2021.

Meanwhile, in the event of arrest, the petitioner shall be released on interim bail to the satisfaction of arresting/investigating officer. The petitioner shall, however, join the investigation within a period of 15 days and shall also abide by the conditions specified under section 438 (2) Cr.P.C."

3.

Learned counsel for the petitioner submits that it is a case of crossversions wherein Dharampreet Singh and Balveer Singh on the side of the accused had also sustained injuries. It has further been submitted that in any case even the injuries allegedly sustained by the complainant are on non-vital parts.

4.

The learned State counsel, upon instructions from SI Jagsir Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required. It has been informed that the petitioner is not involved in any other case.

5.

Having regard to the facts and circumstances of the case particularly noticing that it is a case of cross-versions wherein it is yet to be established as to which of the parties was the aggressor and while also noticing that the petitioner has also joined investigation and has clean antecedents, the petition is accepted and the interim directions issued by this Court vide order dated 25.6.2021 are hereby made absolute subject to the condition that the petitioner shall join

- 3 - 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.

16.8.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No