Harwinder Singh Alias Rashpal Singh Alias Babbu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-42879-2024 Date of decision: 09.01.2025 HARWINDER SINGH ALIAS RASHPAL SINGH ALIAS BABBU ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Vikas Gupta, Advocate, for the petitioner. Mr.Amit Rana, Sr.DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition is for grant of anticipatory bail to the petitioner in case FIR No.49 dated 21.05.2024 under Sections 323, 324, 341, 506, 148, 149 and 326 (added later on) of the Indian Penal Code, 1860, registered at Police Station Fatehgarh Churian, District Batala. 2.

On the last date of hearing i.e. on 02.09.2024, while noticing the following submissions made by the learned counsel for the petitioner, a Coordinate Bench of this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner inter alia submits that the injury under Section 326 IPC is attributed to co-accused Dalbir Singh. The allegations against the petitioner are that he caused injuries to his brother on the left side of heard. It is a case of cross version."

POONAM RATHORE 2025.01.10 12:55 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-42879-2024 -23.

Learned counsel for the petitioner submits that in compliance of order dated 02.09.2024, 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. Learned State counsel has also not disputed the fact that it is a case of version and cross-version wherein injuries were received by both the sides. 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 02.09.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) January 09, 2025 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2025.01.10 12:55 I attest to the accuracy and authenticity of this document High Court Chandigarh