Paramjeet Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-38758-2021 (O&M) Paramjeet Singh ... Petitioner

Versus

State of Punjab ... Respondent II) Navraj Singh ... Petitioner

Versus

State of Punjab ... Respondent \ Date of Decision:-21.2.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dinesh Nagar, Advocate for the petitioner(s). Mr. Harbir Sandhu, AAG, Punjab, assisted by ASI Ram Shah.

***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Paramjeet Singh and Navraj Singh seeking grant of anticipatory bail in respect of a case registered vide FIR No.0056 dated 15.6.2021, Police Station Sadar Nawanshahr, District SBS Nagar under Sections 307, 452, 323, 324, 506, 148 and 149 of Indian Penal Code.

( 2 ) CRM-M-38758-2021 (O&M) & 2.

At the time of issuance of notice of motion in CRM-M-38758 of 2021, the following order was passed on 17.9.2021:

"The petitioner seeks grant of anticipatory bail in a case registered vide FIR No.0056 dated 15.6.2021 at Police Station Sadar Nawanshahr, District SBS Nagar under Sections 307, 452, 323, 324, 506, 148 and 149 of Indian Penal Code.

Learned counsel for the petitioner submits that it is a case of crossversions, wherein the petitioner himself has sustained 4-5 incised wounds on his head, which were found to be bleeding profusely as has been recorded in his MLR (Annexure P-2). It has further been submitted that infact even the son of the petitioner namely Jaspreet Singh was also found to have sustained an injury in the nature of an incised wound on his left hand as has been recorded in the MLR (Annexure P-3).

It has been submitted that on the other hand even on the complainant's side, two persons have been injured namely Veer Chand, who was found to have sustained two injuries in the nature of two incised wounds i.e. on his head and on his back as have been recorded in the MLR (Annexure P-4) and the other person alleged to have been injured on the complainant's side is Bakshi Ram, who is also alleged to have sustained 2 injuries i.e. two incised wounds i.e. on his left eyebrow and near right eyebrow as is recorded in the MLR (Annexure P-5).

Learned counsel for the petitioner has submitted that in view of the aforesaid factual position, wherein the petitioner has sustained 4-5 profusely bleeding incised wounds on his head, it will certainly be debatable as to which of the party is an aggressor as the facts rather point out that it is the opposite side, which has caused more number of serious injuries.

Notice of motion for 21.2.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety

( 3 ) CRM-M-38758-2021 (O&M) & bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Even in the other petition i.e. CRM-M-43479 of 2021, this Court while issuing notice of motion on 14.10.2021, had granted interim bail to the petitioner.

4.

Learned State counsel upon instructions from the Investigating Officer has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation. Learned State counsel has further informed that the petitioners are not involved in any other case.

5.

Having regard to the aforesaid facts and circumstances and particularly the fact that the petitioners are stated to have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 17.9.2021 (passed in CRM-M-38758 of 2021) and order dated 14.10.2021 (passed in CRM-M43479 of 2021) are hereby made absolute, subject to the condition that the petitioners 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. 6.

A photocopy of this order be placed on the file of connected case. 21.2.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No