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High Court of Punjab and HaryanaCRM-M/20465/2020allowed

Jaskaran Singh Alias Pinta v. State Of Punjab

2020-12-09Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-20465-2020 (O&M) Date of Decision:-9.12.2020 Jaskaran Singh alias Pinta ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. L.M. Gulati, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Harparkash 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.89 dated 16.4.2020 at Police Station Kathunangal, District Amritsar under Sections 323, 324, 188, 148, 149, 506 of Indian Penal Code, 1860, wherein offence under Section 326 IPC was added lateron.

2.

At the time of issuance of notice of motion on 27.7.2020 the following order was passed:

" Learned counsel for the petitioner submits that as per FIR, two grievous injuries were inflicted upon the complainant i.e. one with the help of 'Kirpan' by the petitioner on the face of the complainant and another grievous injury on the nose of the complainant which is PANKAJ KAKKAR 2020.12.09 17:39 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-20465-2020 (O&M) attributed to the coaccused Malkit Singh. Learned counsel for the petitioner has submitted that co-accused Malkit Singh has already been granted concession of anticipatory bail vide order dated 8.7.2020 passed in CRM-M-13853-2020 and in these circumstances, the petitioner also deserves concession of anticipatory bail on the ground of parity.

Notice of motion for 9.12.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the 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." 3.

The learned State counsel, upon instructions from SI Harparkash Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that infact it is a case of crossversion where Malkit Singh had also sustained injuries. 4.

Having regard to the facts and circumstances of the case especially that it is a case of cross-version, where it would be debatable as to which of the party is the aggressor and keeping in view the fact that the petitioner has since joined investigation, the petition is accepted and the interim directions issued by this Court vide order dated 27.7.2020 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. 9.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.12.09 17:39 I attest to the accuracy and integrity of this document