Vijay Sahota @ Mani v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 08.09.2020 Vijay Sahota @ Mani

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. Dinesh Nagar, Advocate for the petitioner.

Mr. Mehardeep Singh, Addl. A.G., Punjab.

**** JITENDRA CHAUHAN, J. (Oral) The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. The petitioner seeks pre-arrest bail in case FIR No. 159 dated 28.09.2019, registered under Sections 323, 324, 341, 506 read with Section 34 of Indian Penal Code (for short 'IPC') (Section 326 IPC added later on) at Police Station Garhshankar, District Hoshiarpur. Heard.

On 25.08.2020, the following order was passed:- "The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions.

Contends that the present FIR is a counter-blast of FIR No. 120 dated 17.09.2019 under Sections 323, 307, 427, 148, 120-B read with Section 149 of Indian Penal Code registered at Police Station Rohan, District SBS Nagar, on

-2the complaint of Hemant Kumar, cousin of co-accused Navdeep Kumar @ Deepak @ Muli. The incident in the present FIR took place on 20.09.2019 whereas the FIR came to be registered on 28.09.2019. The injury attributed to the petitioner is on the non-vital part of the injured. Co-accused Navdeep Kumar @ Deepak @ Muli has been allowed interim bail in CRM-M-21114-2020 by this Court on 30.07.2020.

Notice of motion.

At the asking of the Court, Mr. Mehardeep Singh, Addl. A.G., Punjab, accepts notice. A complete copy of the paper book has already been handed over to learned State counsel. The petitioner is directed to join the investigation. Meanwhile, in the event of arrest of the petitioner by the Arresting Officer, he shall be released on interim bail subject to the following conditions:- That he shall make himself available for interrogation by a police officer as and when required;

2. That he shall make himself available for interrogation by a police officer as and when required;That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and;

3. That he shall not leave India without prior permission of the Court.

List along with CRM-M-21114-2020 on 08.09.2020." Learned State counsel submits that in pursuance of the order dated 25.08.2020 passed by this Court, the petitioner has joined the investigation and he is not required for custodial interrogation. In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated

-325.08.2020, is made absolute, subject to furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

The petition stands allowed.

08.09.2020 (JITENDRA CHAUHAN) jyoti-II JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No