High Court of Punjab and HaryanaCRM-M/54911/2018allowed

Kehar Singh v. State Of Punjab

2019-02-21Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-54911 of 2018 (O&M) Date of Decision: February 21, 2019 Kehar Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.G.B.S.Gill, Advocate for the petitioner.

Mr.Dhruv Dayal, Sr.DAG, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.208 dated 30.10.2018 under Sections 458, 323, 34 IPC (Sections 109 and 120-B IPC added later on), registered at Police Station Canal Colony, Bathinda. Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. The FIR in the present case has been registered under Sections 458, 323, 34, 109 and 120-B IPC. The present petitioner is not named in the FIR. Learned State counsel contended that Section 325 IPC has been added VINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-54911 of 2018 -2in the FIR. He further contended that petitioner has been nominated in the supplementary statement and he is stated to be armed with iron rod and gave simple injury to the complainant.

The petitioner has already joined the investigation. Nothing is to be recovered from him. The petitioner is not required for custodial interrogation. No useful purpose will be served by sending and keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 13.12.2018 granting interim bail to the petitioner, is made absolute.

February 21, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh