Sarabjit v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.210 Case No. : Crl. Misc. No.M-30326 of 2021 Date of Decision : January 10, 2022 Sarabjit ....
Petitioner vs.
State of Punjab ....
Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :
Mr. Deepak Verma, Advocate for the petitioner.
Mr. Rehat Bir Singh Mann, DAG, Punjab.
* * * MANJARI NEHRU KAUL , J.
(Oral) :
The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in cross version case Rapat/GD No. 17 dated 25.06.2021 under Sections 354,341, 323,34 IPC registered at Police Station Mahilpur, District Hoshiarpur recorded after about a year in FIR No. 154 dated 25.07.2020, under Sections 452, 341, 323, 506, 149 IPC registered at Police Station Mahilpur, District Hoshiarpur.
Learned counsel submits that in compliance of the order dated 02.08.2021, which was passed in the following terms by a Coordinate Bench of this Court, the petitioner has joined investigation and co-operated with the investigating agency:- "Learned counsel for the petitioners prays for grant of anticipatory bail to the petitioner in cross version case Rapat/GD No. 17 dated 25.06.2021 under Sections 354,341, 323,34 IPC registered at Police Station Mahilpur, District Hoshiarpur recorded after about a year in FIR No. 154 dated Crl. Misc. No.M-30326 of 2021 : 2 :
MONIKA 2022.01.10 18:52 I attest to the accuracy and integrity of this document
25.07.2020, under Sections 452, 341, 323, 506, 149 IPC registered at Police Station Mahilpur, District Hoshiarpur. Learned counsel would inter-alia contend that on account of a dispute arose between the petitioner and his brother, his brother suffered injuries and a DDR was registered on the same date on a statement given by Ms. Amanpreet Kaur, one of the accused under the FIR. The petitioner herein had approached this Court for a fair investigation in the FIR registered on 25.07.2020, raising an allegation that the respondents therein were influential people and no action was being taken on their FIR, which petition was disposed of by the High Court giving a direction to conclude the investigation as expeditiously as possible.
Thereafter the sister of Amanpreet Kaur moved a representation which has led to the filing of the present DDR under Sections 354,341, 323,34 IPC whereas there has been deletion of Sections 451, 341, 149 and 506 IPC in the FIR. It is argued that there has been a delay of almost one year in the registration of the present DDR. It is submitted no recoveries are to be effected from the petitioner and he is ready and willing to join the investigation." Learned State counsel, on instructions SI Om Parkash, does not dispute the factum of the petitioner having joined investigation and submits that the petitioner is no longer required for further interrogation. In view of the above, the petition is allowed and interim order dated 02.08.2021 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.
January 10, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No MONIKA 2022.01.10 18:52 I attest to the accuracy and integrity of this document