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High Court of Punjab and HaryanaCRM-M/41717/2016disposed of

Harpal Singh v. State Of Punjab

2017-07-11Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41717-2016 Date of decision: 11.07.2017 Harpal Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. P.B.S. Goraya Advocate, for the petitioner.

Mr. N.K. Banka, DAG, Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in a case FIR No. 71 dated 13.09.2016 under Sections 452/354/323/34 IPC registered at Police Station Goindwal Sahib, District Tarn Taran. This Court was pleased to pass the following order on 22.11.2016 :- "Learned counsel for the petitioner contends that the FIR in question has been got registered in the backdrop of civil dispute (Annexure P-1) between the parties. The dispute is whether Sohan Singh has adopted Puran Singh (husband of complainant-Harjinder Kaur) as his son or not. Complainant along with her husband-Puran Singh and brother-in-law Dilbagh Singh had caused multiple injuries to Sohan Singh, who is 80 years old. Moreover, there is delay of four/five days in lodging the FIR, as the alleged incident took place on 09.09.2016, whereas the FIR was registered on 13.09.2016. Satyawan 2017.07.12 10:22 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-41717-2016 -2Learned counsel further contends that a complaint has been filed by Sohan Singh on 11.11.2016 against the present complainant.

Notice of motion for 06.03.2017.

Till the next date of hearing, the petitioner shall not be arrested."

Again on 26.04.2017, this Court was pleased to pass the following order :- "Learned State counsel has informed that there is a dispute with regard to the property between the parties. Adjourned to 11.07.2017.

Meanwhile, the petitioner is directed to join the investigation. Interim order to continue.

Learned State counsel on instructions submits that pursuant to the interim order dated 26.04.2017, the petitioner has joined the investigation.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 22.11.2016 is hereby made absolute subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation and will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 11.07.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.07.12 10:22 I attest to the accuracy and authenticity of this document High Court Chandigarh