Chand Singh And Others v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-38456-2020 (O&M) Date of Decision:- 8.9.2021 Chand Singh and others ... Petitioners

Versus

State of Punjab ... Respondent (II) CRM-M-9860-2021 (O&M) Sony Singh @ Davinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. N.S.Dandiwal, Advocate, for the petitioners.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Harwinder Singh.

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

This order shall dispose of the above mentioned two petitions wherein petitioners Chand Singh, Angrej Singh, Jagjit Singh and Sony Singh @ Davinder Singh, seek grant of anticipatory bail in a case registered vide DDR No. 37, dated 14.7.2019 in FIR No.114, dated 14.7.2019, Police Station Nihal Singh Wala, District Moga,

CRM-M-38456-2020 & CRM-M-9860-2021 - 2 - under Sections 323, 324, 148, 149 IPC (Section 326 IPC added later on).

2.

It may here be mentioned that petitioner No.4-Jagraj Singh (in CRMM-38456-2020) is reported to have died. Consequently, the petition qua him stands abated.

3.

At the time of issuance of notice of motion in CRM-M-38456-2020 the following order was passed on 23.11.2020: "The learned counsel for the petitioners submits that it is a case of cross-version and that as per the DDR, no specific injury is attributed to any of the accused. The learned counsel for the petitioner further submitted that although one Pawanpreet Singh is stated to be injured but the Board of Doctors has opined vide its report (Annexure P- 4) that the possibility of injuries sustained by im by a friendly hand cannot be ruled out. The learned counsel for the petitioners has further submitted that although the injury allegedly sustained by Pawanpreet Singh is stated to be a grievous injury but the same in any case cannot be attributed to the petitioners as none of them was armed with any sharp edged weapon and that it is the co-accused Mikku and Lakhvir, who as per the DDR were carrying swords.

Notice of motion for 19.4.2021.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation

CRM-M-38456-2020 & CRM-M-9860-2021 - 3 - 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." 4.

Learned State counsel, upon instructions from ASI Harwinder Singh has infomred that pursuant to interim directions, the petitioners have since joined investigation and in fact challan also stands presented. It has been informed that the petitioners are not involved in any other case.

5.

Having regard to the fact that it is a case of cross-versions wherein the petitioners have already joined investigation and in fact investigation stands concluded and challan stands presented, their detention is not required. The petitions, as such, are accepted and the interim directions issued by this Court vide order dated 23.11.2020 & 3.3.2021 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. 8.9.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No