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High Court of Punjab and HaryanaCRM-M/33111/2024allowed

Lakhveer Singh Alias Dhalla v. State Of Punjab

2024-10-21Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33111-2024 Date of decision: 21.10.2024 LAKHVEER SINGH ALIAS DHALLA ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Samaydeen, Advocate, for the petitioner.

Mr. Navdeep Singh, DAG, Punjab ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case bearing FIR No.117 dated 18.06.2024, registered for the offences punishable under Sections 452, 324, 148, 149 of the IPC, at Police Station Cit-I, Abohar, District Fazilka.

2.

On 15.07.2023, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner, inter alia, contends that 8 perusal of the FIR, which has been annexed as Annexure P-1 clearly reveals that though the petitioner has been attributed a lalkara, however, not even a single injury stands attributed to the petitioner; co-accused Prince has been attributed the sole injury POONAM RATHORE 2024.10.22 10:42 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-33111-2024 -2received by the complainant with a kaapa. It has also been submitted that there is an unexplained delay of five days in the lodging of the FIR in question, which further indicates that a false and exaggerated version has been brought forth by the complainant."

3.

Learned counsel for the petitioner submits that in compliance of order dated 15.07.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 15.07.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) JUDGE October 21, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.22 10:42 I attest to the accuracy and authenticity of this document High Court Chandigarh