High Court of Punjab and HaryanaCRM-M/49231/2019allowed

Baljit Singh v. State Of Punjab

2020-02-05Mr. Justice Jasgurpreet Singh Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-49231-2019 (O&M).

Decided on: February 05, 2020.

Baljit Singh .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Vineet Sharma, Advocate, for the petitioner.

Mr.Ajay Pal Singh Gill, DAG, Punjab.

Mr.D.S.Pheruman, Advocate, for the complainant.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for grant of anticipatory bail in FIR No.158 dated 08.07.2019, under Sections 323, 324, 336, 148 and 149 IPC, (Section 307 IPC added later on) and Section 25 and

27 of the Arms Act, registered at Police Station Beas, Amritsar Rural, District Amritsar.

Learned counsel for the petitioner has, inter alia, submitted that as per the FIR the petitioner has been attributed a lalkara and is alleged to have fired in the air from the revolver. He has further submitted that the petitioner has not been attributed any injury to the complainant Iqbal Singh. He has further submitted that the injuries which have been caused to complainant Iqbal Singh are attributed to Gurwinder Singh, Sukhwinder Singh and Jagjit Singh.

On 25.11.2019, this Court had issued notice of motion to the State and interim protection was granted to the petitioner subject to his joining investigation and complying with the provisions contained in Section 438 (2) Cr.P.C.

On 20.01.2020, the learned State counsel had submitted that the petitioner had fully cooperating with the investigation process as the alleged revolver had not been recovered.

Learned counsel for the petitioner had undertaken that the petitioner would fully cooperate with the investigation process. Today, learned State counsel, on instructions from ASI Victor Singh, states that the petitioner has surrendered the alleged revolver which has been taken in possession by the police. He further, on specific instructions, states that the petitioner is no longer required for further custodial interrogation.

In view of above stand taken by the learned State

counsel, the present petition is allowed. Interim order dated November 25, 2019, is hereby made absolute.

February 05, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No