High Court of Punjab and HaryanaCRM-M/45933/2023disposed of

Mangal Singh v. State Of Punjab

2024-01-15Mr. Justice Deepak Gupta3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION: 15.01.2024 .....PETITIONER

VERSUS

.....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA.

Present:

Ms. Puja Chopra, Advocate for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

Present:

Ms. Puja Chopra, Advocate for the petitioner.

**** Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.100 dated 12.06.2023 registered under Sections 307, 506, 148, 149 of the IPC & Section 25, 27 of Arms Act (Section 307, 148, 149 of the IPC were deleted and Sections 336, 34 of the IPC were added later on) registered at Police Station Makhu, District Ferozepur.

It is contended by learned counsel that FIR was lodged on the complaint of Joginder Singh, alleging that petitioner along with Gurmeet Singh, Gursewak Singh, Chhaja Wala and three unidentified persons entered the court-yard of his house at night time. Manjeet Singh and petitioner were armed with guns and two others were armed with kirpan/dang. It is also alleged that Manjeet Singh fired shot from his gun in the air.

Learned counsel drawn attention towards DDR Report (Annexure P-2) as per which Manjeet Singh, Gurmeet Singh and Gursewak Singh, though specifically named in the FIR but have been found to be innocent in the enquiry. Not only this Section 307, 148, 149 of the IPC were deleted.

Learned counsel further contends that civil litigation is going on between the parties as is evident from the order dated 26.05.2023 (Annexure P-3) passed by leanred Civil Judge (Junior Division), Zira.

Notice of motion.

Mr. Parneet Singh Pandher, AAG, Punjab accepts notice on behalf of respondentState. Adjourned to 16.11.2023.

In the meantime, in case of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C.

(DEEPAK GUPTA)