High Court of Punjab and HaryanaCRM-M/32679/2020allowed

Balwinder Singh v. State Of Punjab

2020-12-09Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-32679-2020 (O&M) Date of Decision:-9.12.2020 Balwinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Harparkash Singh.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide DDR No.35 dated 20.5.2020 registered under Sections 326, 323, 148 and 149 of Indian Penal Code in FIR No.89 dated 16.4.2020 at Police Station Kathunangal, District Amritsar under Sections 326, 323 148 and 149 of Indian Penal Code, 1860. 2.

At the time of issuance of notice of motion on 14.10.2020 the following order was passed:

PANKAJ KAKKAR 2020.12.09 17:39 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-32679-2020 (O&M) " The learned counsel for the petitioner submits that it is a case of crossversion, wherein the petitioner and other accused from his side are alleged to have caused one grievous injury, whereas they have sustained 4 grievous injuries. It has further been submitted that infact the FIR in question was lodged at the instance of the petitioner's coccused Manpreet Singh on 16.4.2020 and that the DDR came to be lodged against the petitioner after 34 days i.e. on 20.5.2020. Notice of motion for 9.12.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel, upon instructions from SI Harparkash Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that infact it is a case of crossversion where Malkit Singh had also sustained injuries. 4.

Having regard to the fact that it is a case of cross-version and that the petitioner has already joined investigation, the petition is accepted and the interim directions issued by this Court vide order dated 14.10.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

9.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2020.12.09 17:39 I attest to the accuracy and integrity of this document