Surinder Kumar Alias Bunty v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-40841-2024 Date of decision: November 29th, 2024 Surinder Kumar @ Bunty .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Goldy Jakhar, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Mr. Pardhuman Garg and Mr. Kanav Goyal, Advocates for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.64 dated 17.06.2024 under Sections 307, 326, 324, 120-B, 148, 149 of the Indian Penal Code, 1860, registered at Police Station Bahavwala, District Fazilka.

2.

Vide order dated 23.08.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel, at the outset, has drawn the attention of this Court to the FIR, which has been annexed as Annexure P-1, and has submitted that a bare perusal of the allegations levelled therein clearly reveals that no injury much less even instigation has been attributed to the petitioner in the crime in question; rather it has only been alleged that after the complainant had been brutally assaulted by the co-accused, the petitioner came to the spot and enquired from the co-accused as to PUNEET SACHDEVA 2024.11.29 14:29 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-40841-2024 -2how many legs had been fractured by them.

On a pointed query put to the learned counsel, he has informed the Court that the petitioner has clean antecedents and is not involved in any other criminal case."

3.

Learned counsel for the petitioner submits that in compliance of order dated 23.08.2024, 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 23.08.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

November 29th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.11.29 14:29 I attest to the accuracy and integrity of this document Chandigarh