Gurvinder Singh Alias Gurwinder Singh And ORS v. State Of Punjab

CRM-M-44611-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44611-2024 Decided on : 25.09.2024 Gurvinder Singh @ Gurwinder Singh and others ...... Petitioners

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. R.K.Arya, Advocate for the petitioners.

Mr. Navdeep Singh, DAG, Punjab.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 482 of BNSS, for grant of anticipatory bail to the petitioners in case FIR No.85 dated 04.07.2024 under Sections 324, 323, 148 and 149 IPC (Section 326 IPC added later on) registered at Police Station Chattiwind District Amritsar Rural.

2.

On the last date of hearing i.e. on 09.09.2024, while noticing the following submissions made by the learned counsel for the petitioners, this Court had granted the concession of interim bail to the petitioners No.1 and 2 and asked them to join investigation: "Learned counsel for the petitioners inter alia contends that although the petitioners have been named in the FIR in question, however, only simple injuries have been attributed to petitioners Gurvinder Singh @ Gurwinder Singh and Bikramjit Singh with a datar on the SONIA BURA 2024.09.27 10:56 I attest to the accuracy and integrity of this document

CRM-M-44611-2024 -2right ankle and left arm of the father of the complainant. On a pointed query put to the learned counsel as to who has been attributed injury inviting the mischief of Section 326 of the IPC, it has been submitted that it has been attributed to petitioner Jasbir Singh on the right arm of the father of the complainant."

3.

Learned counsel for the petitioners submits that in compliance of order dated 09.09.2024, petitioners No.1 and 2 have joined the investigation and cooperated with the investigating officer. 4.

Learned State counsel, on instructions, has not disputed the submission made by learned counsel for the petitioners. Learned State counsel has further submitted that the petitioners No.1 and 2 are not required for custodial interrogation. Learned State counsel, on further instructions, submits that as far as petitioner No.3 is concerned, he was an active participant in the crime in question and was armed with a datar with which he inflicted a grievous injury on the person of the father of the complainant, which finds due corroboration with his medico-legal report.

6.

In view of the above, present petition qua petitioners No.1 and 2 is allowed and interim order dated 09.09.2024 is made absolute subject to the conditions as envisaged in Section 438(2) Cr.PC/482(2) of BNSS whereas the petition qua petitioner No.3 Jasbir Singh stands dismissed.

25.09.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.09.27 10:56 I attest to the accuracy and integrity of this document