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High Court of Punjab and HaryanaCRM-M/49908/2019allowed

Gurpreet Singh v. State Of Punjab

2021-08-12Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-49908-2019 (O&M) Date of Decision:- 12.8.2021 Gurpreet Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pardeep Singh, Advocate, for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Gurmeet Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.125, dated 20.10.2019, Police Station Cantt Bathinda, District Bathinda, under Sections 452, 323, 427, 148, 149 IPC. 2.

At the time of issuance of notice of motion on 25.11.2019 the following order was passed:

"xx xx xx Learned counsel for the petitioner contends that parties are closely related and all the offences except offence under Section 452 IPC are bailable. According to him, there is nothing to indicate that the occurrence MOHAN SINGH 2021.08.12 18:48 I attest to the accuracy and integrity of this document

- 2 - CRM-M-49908-2019 (O&M) took place in the house of the petitioner, therefore Section 452 IPC may not be attracted.

Notice of motion for 21.04.2020.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C." 3.

Learned State counsel, upon instructions from SI Gurmeet Singh, has informed that all the injuries were found to be simple in nature and the petitioner has since joined investigation and is not required for any custodial interrogation.

4.

In view of the aforestated position wherein it is a case of simple injuries and the petitioner has already joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 25.11.2019 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 12.8.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.08.12 18:48 I attest to the accuracy and integrity of this document