Karan Kumar Doda v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: - 13.01.2015 Karan Kumar Doda ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR

Present:

Mr. Sandeep Jasuja, Advocate for the petitioner.

Mr. J.S. Sekhon, Assistant Advocate General, Punjab for the State.

**** M ehinder S ingh S ullar, J. (Oral) The petitioner has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.158 dated 25.10.2014, on accusation of having committed the offences punishable under Sections 452, 324, 323, 506 and 148 read with Section 149 IPC, by the police of Police Station City-I, Abohar.

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Notice of the petition was issued to the State. 3.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

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Precisely, the prosecution, inter alia, claimed that on 23.10.2014, on the eve of Diwali, some altercation has suddenly erupted between the parties. The petitioner and his other co-accused have caused injuries to complainant Prince with their respective weapons. It is not a matter of dispute that all the injuries attributed to the petitioner are simple in nature. Moreover, the interim bail was granted to enable him (petitioner) to join the investigation, by means of order dated 15.12.2014, by this Court. 5.

At this stage, on instructions from ASI Sarwan Kumar, learned State Counsel has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation. There is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. 6.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for pre-arrest bail is accepted. The interim bail already granted to the petitioner, by virtue of indicated order of this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for

-3anticipatory bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this Court. January 13, 2015 (Mehinder Singh Sullar) naresh.k Judge