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High Court of Punjab and HaryanaCRM-M/25406/2020allowed

Jagdev Singh v. State Of Punjab

2020-09-30Mr. Justice Anil Kshetarpal2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M- 25406 of 2020 Date of Decision: 30.09.2020 Jagdev Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. K.B.S.Mann, Advocate for the petitioner(s).

Ms. Samina Dhir, Deputy Advocate General, Punjab for the respondent.

Mr. Judgepreet Singh Warring, Advocate for the complainant.

Anil Kshetarpal, J.

On 01.09.2020, the following order has been passed by this Court:- "Hearing of the case was held through video conference on account of restricted functioning of the Courts. The petitioner prays for grant of pre-arrest bail in a criminal case arising from FIR No.117, dated 14.06.2020 registered under Section 307/324/323/34 lPC at Police Station Sangat District Bathinda.

In a nutshell, the case of the prosecution is that there was scuffle due to location of the boundary of the agricultural land between two neighbours. The allegation against the petitioner is DEEPAK KUMAR BHARDWAJ 2020.10.01 10:58 I attest to the accuracy and integrity of this document that he was armed with a 'kassia' and tried to hit on the head of

Criminal Misc. No. M- 25406 of 2020 Jaswinder, who raised his arm in order to save his head and therefore, the 'kassi' landed on his hand.

Learned counsel for the petitioner contends that the injury which is attributed to the petitioner has been declared simple injury. He further submits that the petitioner also suffered certain injuries and a cross case has also been registered by the petitioner. Notice of motion, for 30.09.2020.

On the request of this Court, Mr. Dhruv Dayal, Sr. DAG, Punjab, accepts notice on behalf of the State. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

Ms. Samina Dhir, Deputy Advocate General, Punjab, on the instructions from Sub Inspector Hargobind, has submitted that the petitioner has joined investigation, co-operated and not required for further custodial interrogation, at this stage.

In view of the aforesaid facts, the present petition is allowed and interim pre-arrest bail granted to the petitioner by this Court on 01.09.2020 is made absolute.

(Anil Kshetarpal) Judge September 30, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2020.10.01 10:58 I attest to the accuracy and integrity of this document