Gursharan Singh v. State Of Punjab





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26262-2023 Date of decision : 09.08.2023 Gursharan Singh ....Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Ms. Gagandeep Kaur, Advocate for the petitioner. Mr. Amit Shukla, AAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 24.05.2023, the following order was passed :- "Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.116 dated 6.6.2022 registered under Sections 324, 323, 148, 149 IPC (Sections 307, 201 IPC added later on) at Police Station Sadar Dhuri, District Sangrur. Counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case and even otherwise, he is stated to be armed with wooden danda and only simple injury is attributed to the petitioner and the petitioner, who is having no criminal history, is ready to join investigation with the police.

Notice of motion.

Mr. C.L.Pawar, Addl. AG, Punjab accepts notice on behalf of the State and on instructions from SI Malkiat Singh submits that the petitioner is named in the FIR and there are specific allegations against the petitioner regarding his involvement in the present case and the petitioner was armed with wooden danda. However, the State counsel has not disputed the fact that only simple injuries are attributed to the petitioner and further, the petitioner is having no DEEPAK KUMAR 2023.08.10 09:18 I attest to the accuracy and integrity of this document

CRM-M-26262-2023 -22023:PHHC:102809 criminal antecedents.

Now be listed on 9.8.2023.

In view of above, the petitioner is hereby directed to join the investigation with the police and in case of arrest, he is to be released on interim bail by the investigating officer/arresting officer to his own satisfaction till the next date fixed in this case. The petitioner is also to abide by the conditions envisaged under Section 438 (2) of Cr.P.C."

2.

Today, Ld. State Counsel on instructions from SI Gulab Singh submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

3.

Counsel for the petitioner in addition thereto submits that the injury attributed to the petitioner is simple in nature and therefore Section 307 IPC will not be attracted qua the petitioner. 4.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 24.05.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 5.

The petitions stands disposed off.

August 09, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.08.10 09:18 I attest to the accuracy and integrity of this document