Manohar Lal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 12.09.2023 Manohar Lal ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. C.M. Munjal, Advocate for the petitioner. Mr. M.S. Tiwana, AAG Punjab.

Mr. Kanwaljit Singh, Sr. Advocate with Mr. Yogender Verma, Advocate for the complainant. -.- ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.211 dated 11.08.2022 registered under Sections 323, 324, 354, 452, 427, 506, 148, 149 of the Indian Penal Code, 1860 (Section 307 IPC added later on) at Police Station Patran, District Patiala. 2.

On 19.12.2022 the following order was passed : "Counsel for the petitioner submits that petitioner and complainant were business partners and a dispute arose between them which resulted into an altercation. He urges that it is a case of version and cross-version

-2and by referring to the MLR (Annexure P-3), he submits that the petitioner has suffered injuries. Counsel submits that brothers of the petitioner have also suffered injuries.

Notice of motion.

On asking of the Court, Mr. P.S.Grewal, DAG, Punjab accepts notice on behalf of respondent-State. Upon instructions from ASI Harmesh, he submits that the complainant has suffered three injuries and a request has been made for constitution of medical board to determine the nature of injuries.

State is directed to file a status report before the next date.

List on 09.02.2023.

In the meanwhile, no coercive action shall be taken against the petitioner till the next date."

3.

Learned counsel for the petitioner has stated that the parties have since compromised the matter and that it was a dispute between cousins and the parties have now settled the matter. Learned counsel would further contend that the petitioner has since joined investigation and has fully cooperated.

4.

Learned counsel for the State, on instructions from ASI Teja Singh, has stated that the petitioner has since joined investigation and is fully

-3co-operating and that he is no longer required for further custodial interrogation as of now.

5.

Mr. Kanwaljit Singh, Senior Advocate assisted by Mr. Yogender Verma, appearing on behalf of the complainant, states that the complainant would have no objection if the order dated 19.12.2022 is made absolute.

6.

In view of the above, the order dated 19.12.2022 is made absolute. The petitioner shall, however, join investigation as and when called for. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 7.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

September 12, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO