Dilpreet Singh v. State Of Punjab

CRM-M-5579 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-5579 of 2015 Date of Decision : 21.05.2015 Dilpreet Singh .....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. A.P.S. Sandhu, Advocate for the petitioner.

Mr. Gazi Mohd., DAG, Punjab.

R.P. Nagrath, J.

Prayer in the instant petition is for grant of anticipatory bail under Section 438 Cr.P.C. in FIR No. 105 dated 02.10.2013 for offences under Sections 324, 323, 148 and 149 of Indian Penal Code (IPC), registered at Police Station Sector Kathunangal, District Amritsar. Section 326 IPC was added later on. When the matter was listed on 20.02.2015, the following order was passed:- "Petitioner seeks concession of pre-arrest bail in a case registered at the instance of Rajwinder Kaur alleging that on 30.9.2013, she was waylaid along with Jugraj Singh and was assaulted with a kirpan by petitioner hitting her on the left arm below the elbow. Counsel for the petitioner has drawn attention of this Court to the fact that Rajwinder Kaur complainant happens to be the real sister of Narinder Kaur who claims to be the second wife of Daljit Singh whereas Daljit Singh was actually married to mother of the petitioner namely Gurwinder Kaur. In civil suit pertaining JITENDER KUMAR 2015.05.21 17:05 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-5579 of 2015 -2to the property of Daljit Singh, the suit of the petitioner, his mother and sister was decreed upto first appeal regarding 17 kanals 15 marlas of land which was claimed by Narinder Kaur the real sister of the complainant.

I have gone through the photocopy of the MLR indicating that only simple injuries attracting at the most offence under Section 326 IPC are suffered by the complainant.

Notice of motion to the Advocate General, Punjab, for 25.3.2015.

Meanwhile, an interim direction is issued that the petitioner will join investigation on 28.2.2015. In case of petitioner doing so, he shall be released on interim bail to the satisfaction of the arresting officer." Learned State counsel on instructions from ASI Harjinder Singh submits that the petitioner has joined the investigation on 28.02.2015.

In view of the above, the instant petition is allowed and the interim bail granted vide order dated 20.02.2015 is made absolute. The petitioner is also directed to keep on joining the investigation as and when required and cooperate with the same. The petitioner shall also abide by the restrictions contained in Section 438 (2) Cr.P.C. Any recovery made in pursuance to the disclosure statement would be admissible under Section 27 of the Evidence Act.

May 21, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.21 17:05 I attest to the accuracy and authenticity of this document Chandigarh