Dharampal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 210/2 2024:PHHC:015080 CRM-M-51480-2023 Date of decision: February 5th, 2024 Dharampal Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Dhruv Kaushik, Advocate for Mr. Kuldip Singh, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. None for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.113 dated 07.08.2023 under Sections 308, 323, 325, 148, 149 of the IPC, registered at Police Station Boha, District Mansa.

2.

Vide order dated 06.11.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the order dated 06.11.2023 reads as under:- "Learned counsel for the petitioner submits that it is a case of version and cross-version, where both the parties received injuries at the hands of each other. It has been further submitted that the only role attributed to the petitioner in the crime in question is that he was present at the place of occurrence and had only twisted the arm of the complainant. It has also been submitted that no injury has been attributed to the petitioner. Learned counsel has still further submitted PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-51480-2023 -2that the parties, who are co-villagers, have subsequent to the registration of the FIR, ironed out their differences and also effected a compromise between them for which they would be approaching this Court very shortly for quashing of the FIR in question." 3.

Learned counsel for the petitioner submits that in compliance of order dated 06.11.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Darshan Singh, 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 orders dated 06.11.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

February 5th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh