High Court of Punjab and HaryanaCRM-M/30378/2020allowed

Surjit Kumar v. State Of Punjab

2020-10-28Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 30378 of 2020 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 30378 of 2020 (O&M) Date of Decision: 28.10.2020 Surjit Kumar ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Sandeep Sharma, Advocate for the petitioner.

Mr. H.S.Sitta, AAG, Punjab.

Ms. Surinder Kaur, Advocate for Mr. Ravi Malhotra, Advocate for the complainant.

**** HARNARESH SINGH GILL , J. (ORAL) Case is being taken up for hearing through video conferencing. CRM-26082-2020 This is an application for placing on record the compromise deed dated 13.10.2020 as Annexure P-6.

The application is allowed as prayed for. Annexure P-6 is taken on record.

CRM-M-30378-2020 Through the instant petition, the petitioner seeks anticipatory bail in case FIR No. 0032 dated 12.3.2020, registered under Sections 323, 341, 506, 295-A, 34 IPC (Sections 307 and 511 IPC were deleted later on), Police Station Division No. 6, District Police Commissionerate Jalandhar. Learned counsel for the petitioner submits that the compromise GURPREET SINGH 2020.10.28 17:28 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 30378 of 2020 (O&M) -2has been effected between the parties with the intervention of the respectables and as per the compromise, the complainant has been taken back to his job and the petitioner and the other co-accused have also agreed to return the turban of the complainant.

Learned State counsel, on instructions from ASI Sushil Kumar, submits that a copy of the compromise has also been handed over to the investigating agency.

Learned counsel appearing for the complainant has admitted the factum of compromise between the parties.

I have heard the learned counsel for the parties. Keeping in view the facts and circumstances of the present case and without expressing any opinion on the merits of the case, this Court finds merit in this petition and the same is allowed. The petitioner is directed to join the investigation as and when called upon to do so and if he is sought to be arrested, he shall be released on anticipatory bail to the satisfaction of Investigating Officer/Arresting Officer, subject to the conditions as envisaged in Section 438(2) of the Code of Criminal Procedure.

It is made clear that if pursuant to and in compliance with this order, the petitioner does not cooperate with the investigating agency, the investigating agency would be liberty to move an appropriate application for cancellation of bail.

(HARNARESH SINGH GILL) JUDGE October 28, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.10.28 17:28 I attest to the accuracy and integrity of this document Chadigarh