Gurlal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:015197 CRM-M-55326-2023 Date of decision: February 5th, 2024 Gurlal Singh .....Petitioner

Versus

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

Present:

Ms. Meena, Advocate for Mr. Amit Arora, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. 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.4 dated 18.01.2023 under Sections 452, 326, 324, 323, 148, 149 of the IPC and Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Kacha Pacca, District Tarn Taran.

2.

Vide order dated 20.11.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Counsel for the petitioner submits that it is a case of version and cross-version. By referring to Annexures P-3 and P-4, he submits that both the petitioner and his father, Daljeet Singh, have suffered injuries. He submits that the petitioner and complainant are related to each other and there is an unexplained delay of four days in lodging of the FIR. He asserts that the primary allegation against the petitioner is that he fired a shot from a pistol, but it did not work. He submits that the petitioner is prepared to PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-55326-2023 -2join the investigation."

3.

Learned counsel for the petitioner submits that in compliance of order dated 20.11.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Malkit 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 order dated 20.11.2023, 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