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High Court of Punjab and HaryanaCRM-M/26643/2021disposed of

Amarjit Singh v. State Of Punjab

2022-01-12Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26643-2021(O&M) Date of decision : 12.01.2022 Amarjit Singh .....Petitioner(s)

Versus

State of Punjab .....Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Vijay Rana, Advocate for the petitioner.

Mr. H.S. Multani, AAG Punjab.

**** ALKA SARIN, J. (ORAL) Taken up through virtual mode.

On 13.07.2021, the following order was passed:- "The Court has been convened through video conferencing due to Covid-19 Pandemic.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.7 dated 20.01.2021 (Annexure P-1), lodged for offences under Sections 323, 324, 326 and 506 of the Indian Penal Code, 1860 at Police Station Kheri Gandian, District Patiala (Section 326 of the Indian Penal Code, 1860 was added subsequently).

Counsel for the petitioner has contended that the alleged incident took place on 19.01.2021 and the FIR was lodged under Sections 323, 324 and 506 IPC and the petitioner was released on bail. However, six months after the alleged occurrence, the complainant-injured managed a medical report, on the basis of which Section 326 IPC has been added. Counsel urges that the injury attributed to the petitioner is an axe blow on the right hand of the complainant, i.e., on a non-vital part of the YOGESH SHARMA 2022.01.13 10:54 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh

CRM-M-26643-2021(O&M) -2- body. He submits that the petitioner is ready to join the investigation and co-operate with the Investigating Agency.

Notice of motion.

On asking of the Court, Mr. Sandeep Singh Deol, DAG, Punjab accepts notice on behalf of respondent-State. List on 25.10.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner has contended that the petitioner has since joined the investigation and has fully co-operated with the Investigating Officer.

Learned counsel for the State, on instructions from ASI Sewa Singh, has stated that the petitioner has since joined investigation and that he is no longer required for further custodial interrogation as of now. In view of the above, the order dated 13.07.2021 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. Disposed off accordingly.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2022.01.13 10:54 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh 12.01.2022 Yogesh Sharma