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High Court of Punjab and HaryanaCRM-M/27126/2021allowed

Rashpal Singh v. State Of Punjab

2021-10-06Mr. Justice Raj Mohan Singh4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 06.10.2021 Rashpal Singh -Petitioner

Versus

State of Punjab -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Vipin Mahajan, Advocate, for the petitioner.

Mr. Manreet Singh Nagra, Asstt. A.G., Punjab. **** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.49 dated 30.04.2021 registered under Sections 326, 325, 341, 323, 34 IPC (Offence under Sections 326, 325 IPC added later on) at Police Station Sadar Gurdaspur, District Gurdaspur. On 15.07.2021, following order was passed:- "The case has been taken up for hearing through video-conferencing.

Learned counsel for the petitioner

-2contends that it is a case of version and crossversion. The injury attributed to the petitioner is incised wound of about 3x1 cm present over left lower leg middle one third, reddish in colour on the person of Shamsher Singh which has been found to be grievous in nature. Injury No.2 i.e. incised wound of 5x1 cm present over left forearm wrist reddish in colour on the person of Paramjot Singh has been found to be simple in nature. The prosecution has materially suppressed the injury received by brother of the petitioner namely Onkar Singh who has received incised wound bone deep 4x0.7 cm horizontally place on anterior aspect of right 1/3rd lower right leg clotted blood present which has been found to be grievous in nature. Cross case bearing GD No.52 dated 01.05.2021 under Sections 323, 324, 326, 506, 148, 149 IPC has been registered against the complainant party. It would be debatable as to which party was aggressor in the present case. The grievous injury on the person of Shamsher Singh is on non-vital part of the body.

-3Notice of motion for 06.10.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 23.07.2021 at 11.00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date."

Learned counsel for the petitioner submits that is a case of version and cross-version. Onkar Singh has also received grievous injuries at the hands of complainant side. Learned State counsel on instructions from ASI Gurdev Singh submits that the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and he is no more required in further investigation of the case. In view of above, order dated 15.07.2021 is hereby made absolute.

-4However, the petitioner shall keep on joining the investigation as and when required to do so by the Investigating Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Disposed of.

06.10.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.Whether speaking/reasoned :

Yes/No 2.Whether reportable :

Yes/No