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High Court of Punjab and HaryanaCRM-M/34454/2023disposed of

Vicky v. State Of Punjab

2023-10-11Mr. Justice Deepak Gupta2 pages

215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34454-2023 Date of Decision: October 11, 2023 Vicky

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ramnish Puri, Advocate for the petitioner. Mr. M.S. Nagra, AAG, Punjab.

DEEPAK GUPTA , J.(Oral) On 19.07.2023, the following order was passed by this Court:- "Prayer in this petition under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No.64, dated 10.04.2023, registered at Police Station Beas, District Amritsar, under Sections 307, 323, 341, 148 and 149 of IPC, besides Section 25 of the Arms Act, 1959.

It is contended by learned counsel for the petitioner that the role attributed to the petitioner is that he along with other co-accused had waylaid the complainant and had thrown a stone on him, hitting on his head. Learned counsel for the petitioner contends that that injury is simple in nature. He further contends that it is a case of version and cross-version inasmuch as co-accused Gurjant Singh sustained gun shot injury as is evident from the MLR (Annexure P-3).

Learned counsel for the petitioner further contends that coaccused Ajaypal Singh and Raja have already been granted the benefit of interim anticipatory bail; whereas co-accused Gurjant Singh has been allowed regular bail.

Notice of motion.

Mr. M.S. Nagra, AAG, Punjab, accepts notice on behalf of the respondent-State. A copy of paper book be supplied to him during the course of day.

SARITA RANI 2023.10.10 17:38 I attest to the accuracy and integrity of this document/order

CRM-M-34454-2023 - 2 - Learned State counsel, on instructions from ASI Sukhwinder Singh, concedes the position that head injury on the person of the complainant is simple in nature. He also concedes that co-accused Gurjant Singh has also sustained gun shot injury. This is a case of version and cross-version.

Adjourned to 08.08.2023 for filing status report. To be heard along with CRM-M-29053-2023.

In the meantime, petitioner is directed to join investigation and co-operate in the same. He will not leave the country without prior permission of the Court nor shall make any attempt to contact the complainant of the case or any witness associated with the case. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C."

Today, on instructions from ASI Sukhwinder Singh, learned State counsel has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 19.07.2023 and is no longer required for further investigation.

In view of the aforesaid, the order dated 19.07.2023, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

Disposed of.

October 11, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.10.10 17:38 I attest to the accuracy and integrity of this document/order