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High Court of Punjab and HaryanaCRM-M/45146/2024allowed

Sahil v. State Of Punjab

2024-12-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-45146-2024 Date of decision: 10.12.2024 SAHIL ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms.Aayushi Jindal, Advocate for Mr. Chetan Bansal, Advocate, for the petitioner. Mr. Navdeep Singh, 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.121 dated 08.06.2024 under Sections 323, 324, 148, 149, 506 of the Indian Penal Code, 1860 (Section 326 of the IPC added later on), registered at Police Station Sadar Amritsar, District Police Commissionerate Amritsar.

2.

On the last date of hearing i.e.12.09.2024, while noticing the following submissions made by the learned counsel for the petitioner, 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 contends that the petitioner allegedly inflicted an injury on the left knee of the complainant with a baseball bat which was opined to be simple in nature; injury inviting the mischief of Section 326 of the IPC/118(2) of the BNS has been attributed to co-accused Amit Kumar with a knife on the abdomen of the injured." POONAM RATHORE 2024.12.10 18:37 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-45146-2024 -23.

Learned counsel for the petitioner submits that in compliance of order dated 12.09.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Short reply by way of affidavit of Sh. Maninder Pal Singh, PPS Assistant Commissioner of Police, North Amritsar (additional charge), District Amritsar, has been filed in Court today on behalf of respondentState. The same is taken on record subject to all just exceptions. A copy thereof has been handed over to learned counsel for the petitioner. 5.

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.

6.

In view of the above, the petition is allowed and interim order dated 12.09.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) JUDGE December 10, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.10 18:37 I attest to the accuracy and authenticity of this document High Court Chandigarh