High Court of Punjab and HaryanaCRM-M/28521/2019allowed

Karan Kohli v. State Of Punjab

2019-10-16Mr. Justice Hari Pal Verma3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-28521 of 2019 Date of Decision: 16.10.2019 Karan Kohli

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Amandeep Soni, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

Mr. Amit Dhawan, Advocate for the complainant.

***** HARI PAL VERMA, J. (Oral) Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioner in case FIR No.38 dated 15.03.2019 under Sections 323, 341, 354, 506 and 34 IPC registered at Police Station Sadar Jalandhar, Police Commissionerate Sadar Jalandhar, District Jalandhar. Vide order dated 08.07.2019, interim bail was granted to the petitioner in same terms as in the case of co-accused Akash @ Akashdeep Singh Maan in CRM-M-20711-2019 Akash @ Akashdeep Singh Maan Vs.

Criminal Misc. No. M-28521 of 2019 -2State of Punjab, wherein interim bail was granted the petitioner therein by passing following order on 07.05.2019:- "Learned counsel for the petitioner has argued that the injury attributed to the petitioner is a baseball blow which hit the stomach and another baseball blow which hit right thigh of the complainant, but the MLR does not refer to any such injury on the person of the complainant.

Notice of motion.

At this stage, Mr. Amit Dhawan, Advocate has put in appearance and filed power of attorney on behalf of the complainant, which is taken on record. He has argued that it is because of the injury so suffered by the complainant, there was a pain in the stomach and right thigh of the complainant. List on 09.08.2019.

In the meantime, in the event of arrest of the petitioner, he shall be released on ad-interim bail to the satisfaction of the arresting officer. However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C."

Learned counsel for the petitioner states that pursuant to the aforesaid order, the petitioner has joined the investigation. Learned State counsel, on instructions from ASI Harpal Singh, does not dispute the aforesaid fact and submits that the custody of the petitioner is no more required.

I have heard learned counsel for the parties. Considering the fact that the petitioner has joined the investigation and his custodial interrogation is no more required, the present petition is allowed and the interim order dated 08.07.2019 is made absolute.

Criminal Misc. No. M-28521 of 2019 -3However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C. October 16, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No