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High Court of Punjab and HaryanaCRM-M/21114/2020allowed

Navdeep Kumar @ Deepak @ Muli v. State Of Punjab

2020-09-08Mr. Justice Jitendra Chauhan2 pages

CRM-M-21114-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21114-2020 (O&M) Date of decision : 08.09.2020 Navdeep Kumar @ Deepak @ Muli

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. Krishan Kumar Thakur, Advocate for the petitioner.

Mr. Mehardeep Singh, Addl. A.G., Punjab.

**** JITENDRA CHAUHAN, J. (Oral) The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 159 dated 28.09.2019, registered under Sections 323, 324, 341, 506 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') (Section 326 IPC added later on) at Police Station Garhshankar, District Hoshiarpur. Heard.

On 30.07.2020, the following order was passed:- "The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19. Learned counsel for the petitioner submits that the injury attributed to the petitioner is not only on the non-vital part of the injured, rather was simple in nature and the JYOTI 2020.09.09 03:03 I attest to the accuracy and integrity of this document present case is a counterblast to the case i.e. FIR No.120

CRM-M-21114-2020 (O&M) -2dated 17.09.2019 under Sections 323, 307, 427, 148, 149, 120-B of IPC, Police Station Rahon, District SBS Nagar, registered on behalf of complainant Hemant Kumar who is the cousin brother of the petitioner.

Notice of motion for 08.09.2020.

Meanwhile, in the event of arrest of the petitioner, he shall be released on ad-interim bail to the satisfaction of the arresting officer. However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C."

Learned State counsel submits that in pursuance of the order dated 30.07.2020 passed by this Court, the petitioner has joined the investigation and he is not required for custodial interrogation. In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 30.07.2020, is made absolute, subject to furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

The petition stands allowed.

08.09.2020 (JITENDRA CHAUHAN) jyoti-II JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No JYOTI 2020.09.09 03:03 I attest to the accuracy and integrity of this document