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High Court of Punjab and HaryanaCRM-M/60044/2023allowed

Daljit Singh v. State Of Punjab

2024-02-05Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 213/2 2024:PHHC:015212 CRM-M-60044-2023 Date of decision: February 5th, 2024 Daljit 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 30.11.2023, 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 allegation against the petitioner is of inflicting a sword injury, as a result of which complainant's index finger was chopped off. He has placed reliance upon the order dated 20.11.2023, Annexure P5, whereby petitioner's son has been granted interim protection. He further submits that the petitioner, who has a clean past and has been falsely implicated, is prepared to join the investigation."

3.

Learned counsel for the petitioner submits that in PUNEET SACHDEVA 2024.02.05 16:59 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-60044-2023 -2compliance of order dated 30.11.2023, 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 30.11.2023, 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