High Court of Punjab and HaryanaCRM-M/49528/2018allowed

Salwinder Singh@Shinda v. State Of Punjab

2019-01-30Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.49528 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.49528 of 2018 Decided on: 30.01.2019 Salwinder Singh @ Shinda ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

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

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.57 dated 19.10.2018, registered under Sections 323, 324 and 34 of the Indian Penal Code (in short 'IPC') (Section 326 IPC added subsequently) at Police Station Bhaini Mian Khan, District Gurdaspur. The operative part of the order dated 06.11.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner states that the only allegation against the petitioner is that he gave a dang blow, which hit on the elbow of the right arm of the complainant.

It is contended that the petitioner is a senior citizen, aged about 72 years. The injury attributed to him has been declared 'simple in nature'.

Notice of motion for 30.1.2019...."

Counsel for the petitioner has submitted that, in pursuance MOHD YAKUB 2019.01.30 16:00 I attest to the accuracy and integrity of this document

CRM-M No.49528 of 2018 to the order dated 06.11.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Satnam Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 06.11.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 30.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.30 16:00 I attest to the accuracy and integrity of this document