Kirpal Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 23.08.2023 KIRPAL SINGH .... Petitioner

Versus

STATE OF HARYANA .... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present :

Mr. Saransh Sabharwal, Advocate for the petitioner. Mr. Saurabh Chawla, Advocate for the complainant. **** MANISHA BATRA, J. (oral) 1.

The petition has been filed by the petitioner seeking anticipatory bail under Section 438 of Cr.P.C. in case bearing FIR No.128 dated 02.06.2023 registered under Sections 148, 149, 307, 323, 324, 506 of IPC (Section 324 of IPC added later on) at Police Station Raipur Rani, District Panchkula. 2.

The aforementioned FIR has been registered on the basis of statement recorded by the complainant-Kulbir Singh on 02.06.2023 alleging therein that on 01.06.2023 at about 9:30 PM, his nephew namely, Robin @ Billa had telephonically informed that he had a verbal altercation with Karam, Harshdeep, Pradeep and Karan at a Bhandara which was arranged in his village. The complainant told his nephew to reach home and while he was waiting for his nephew and he was standing in the chowk near to his house alongwith his brothers namely Gurcharan Singh and Randhir Singh, the petitioner-Kirpal Singh along with co-accused Karam, Pradeep, Karan, Chota, Rubal, Jagtar, Jeet Ram, Sukhpreet and Happy with other 8-10 accomplices

-2reached there while being armed with weapons and opened an assault on them. The complainant and his brothers sustained injuries at the hands of the assailants who also proclaimed that they would killed him. They were taken on the hospital and were medico-legally examined. They prayed for taking penal action against the culprits.

3.

The petitioner had filed application for grant of anticipatory bail before the Court of Learned Additional Sessions Judge, Panchkula which had been dismissed vide order dated 22.06.2023 and thereafter this petition had been filed.

4.

5.

Vide order dated 05.07.2023, the petitioner was directed to join the investigation.

6.

Status report dated 22.08.2023 submitted by the respondent-State Counsel in Court today, is taken on record. As per which, the petitioner had joined the investigation on 05.082023; that no recovery is to be effected from him and that he had fully co-operated in the investigation proceedings. 7.

Since the petitioner has already joined the investigation and his custodial interrogation is not required. Hence,

-3- (MANISHA BATRA) 23.08.2023 JUDGE Jyoti-IV Whether speaking/reasoned:

Yes/No.

Whether reportable :

Yes/No