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High Court of Punjab and HaryanaCRM-M/24801/2024allowed

Nek Singh v. State Of Punjab

2024-08-30Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24801-2024 Date of Decision : 30.08.2024 Nek Singh

...Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Samay Deen, Advocate for Mr. Kuldip Singh, Advocate for the petitioner.

Mr. Navdeep Singh, DAG, Punjab.

*** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail in FIR No.121 dated 16.04.2024 for the offences under Sections 308, 451, 323, 34 of the IPC registered at Police Station City Kharar, District SAS Nagar.

2.

On the last date of hearing i.e. on 17.05.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel inter alia contends that it is an inter-se dispute between the husband and wife; the petitioner allegedly inflicted blow on the rear side of the head of his wife, i.e. the complainant, with a plastic bat. He further submits that the injury attributed to the petitioner has been opined to be simple in nature." POONAM RATHORE 2024.09.03 12:40 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-24801-2024 -23.

Learned counsel for the petitioner submits that in compliance of order dated 17.05.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions from ASI Virchander, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 17.05.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) August 30, 2024 JUDGE poonam Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No POONAM RATHORE 2024.09.03 12:40 I attest to the accuracy and authenticity of this document High Court Chandigarh