Jaswinder Singh Alias Nona v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-33685-2019 (O&M) Jaswinder Singh @ Nona ... Petitioner

Versus

State of Punjab and another ... Respondents II) Ravi Bhatia ... Petitioner

Versus

State of Punjab and another ... Respondents \ Date of Decision:-27.9.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ankush Bharti, Advocate for Mr. K.K. Goel, Advocate for the petitioner(s). Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Paramjit Singh.

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

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Jaswinder Singh @ Nona and Ravi Bhatia seeking grant of anticipatory bail in respect of a case registered vide FIR No.0128, dated 1.8.2019, Police Station Koom Kalan, Ludhiana, under Sections 323, 506, 342, 379-B and 34 of Indian Penal Code.

( 2 ) CRM-M-33685-2019 (O&M) & 2.

The FIR was lodged at the instance of Manpreet Singh, wherein it is alleged that he is into business of timber and his godown is situated on the road leading from Bhaewala, District Ludhiana to Janidali. It is alleged that on 31.7.2019, timber had been loaded in a truck, which was to be sent to Manali and that the truck driver halted the truck at 'Kedar Dhaba' situated on Chandigarh-Samarala Road. The complainant has alleged that when he went to hand over the bills to the said driver, two persons namely Jaswinder Singh @ Nona and Ravi Bhatia, who was posing himself as a Press Reporter, confronted him while stating that he was doing illegal business and took out the keys of his car and gave beatings to him. The complainant informed his father, who reached at the spot but even he was manhandled and his gold chain was snatched. When some other persons came to the spot, the aforesaid accused left while hurling threats to them.

3.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and that even if the case of the prosecution is taken to be correct, it is a case of inflicting simple injuries only.

4.

Learned State counsel, while opposing the petitions, has submitted that since the petitioners are specifically named in the FIR and there are specific allegations against them, no case for grant of bail is made out. Learned State counsel has, however, informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation and that they are not involved in any other case. 5.

Having regard to the facts and circumstances of the case particularly bearing in mind that the petitioners have joined investigation and are not required for

( 3 ) CRM-M-33685-2019 (O&M) & any custodial interrogation and are not involved in any other case, both the petitions are accepted and the interim directions issued by this Court vide order dated 21.8.2019 (passed in CRM-M-33685-2019) and order dated 28.8.2019 (passed in CRM-M-35224-2019) 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. 27.9.2022 ( Gurvinder Singh Gill ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No