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High Court of Punjab and HaryanaCRM-M/39960/2020allowed

Dilbag Singh And ANR v. State Of Punjab

2021-10-12Mr. Justice Gurvinder Singh Gill4 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-39960-2020 (O&M) Date of Decision:- 12.10.2021 Dilbag Singh and another ... Petitioners

Versus

State of Punjab ... Respondent (II) CRM-M-40764-2020 (O&M) Ranbir Singh @ Randhir Singh and Ors.

... Petitioners

Versus

State of Punjab ... Respondent (III) CRM-M-40885-2020 (O&M) Jarnail Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

- 2 - Present:- Mr. Naveen Batra, Advocate, for the petitioner(s). Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Amarjit Singh.

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

This order shall dispose of the above mentioned three petitions wherein petitioners Dilbag Singh, Manjit Singh, Ranbir Singh @ Randhir Singh, Ranjit Singh, Gurinder @ Gurwinder Singh and Jarnail Singh, seek grant of anticipatory bail in a case registered vide FIR No. 292, dated 11.10.2020, Police Station Kambij Amritsar Rural, District Amritsar, under Sections 323, 307, 341, 148, 149 IPC. 2.

At the time of issuance of notice of motion in Ranbir Singh's case (CRM-M-40764-2020), the following order was passed on 7.12.2020:

"The learned counsel for the petitioners submits that it is a case where the occurrence allegedly took place on 20.6.2020 but complainant Ajay Pal Singh was medically examined on 7.7.2020 and the FIR came to be loaded after 4 months of the occurrence i.e. on 11.10.2020. It has further been submitted that in fact a concocted version has been set forth in the FIR and that infact Gurwinder Singh accused also sustained an incised wound on his head regarding which no explanation is forthcoming. Notice of motion for 25.3.2021.

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

- 3 - shall join the 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.

A similar order was passed in Dilbag Singh's case (CRM-M-399602020). Even in the case of Jarnail Singh ( CRM-M-40885-2020), this Court while issuing notice of motion had granted interim bail. 4.

Learned counsel for the petitioner(s) has submitted that in fact the FIR came to be lodged under some misunderstanding which has now been resolved and in fact a petition for quashing of FIR on the basis of compromise i.e. CRM-M-26874-2021 has also been filed in this Court.

5.

Learned State counsel, upon instructions from ASI Amarjit Singh, has informed that pursuant to interim directions, the petitioners have joined investigation.

6.

In view of the aforestated position wherein the matter is stated to have been compromised and the petitioners in any case have joined investigation, the petitions are accepted and the interim directions issued by this Court vide orders dated 7.12.2020 (in CRM-M-407642020), order dated 2.12.2020 (in CRM-M-39960-2020) and order dated 9.12.2020 (in CRM-M-40885-2020) 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.

- 4 - 7.

A photocopy of this order be placed on the file of each connected case.

12.10.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No