Lovepreet Singh v. State Of Punjab

N.C. No.2024:PHHC:024120

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64963-2023 (O&M) Date of decision: 21.02.2024 LOVEPREET SINGH ....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Anoop Singla, Advocate for the petitioner(s). Mr. Daksh Prem Azad, AAG Punjab.

***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 25.10.2023 324, 323, 148 and 149 IPC;

(326 IPC added later on) Kot Ise Khan, District Moga 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 24.01.2024 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from ASI Nachhatar Singh has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation. 4.

Heard.

5.

During the course of hearing on 24.01.2024, the following order was passed:- SANDAL SHARMA 2024.02.23 10:43 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:024120 CRM-M-64963-2023 (O&M) -2- " 1.It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely fastened in the present case. He contends that the injury attributed to the petitioner is on the left hand of the complainant, which is stated to be grievous in nature. The petitioner has referred to the letter dated 17.06.2020 written by the Superintendent of Police, (Investigation) Moga to Deputy Superintendent of Police of the District, wherein it is mentioned that Dr. Aniljeet is not authorized to give medico-legal reports. He submits that despite the specific letter from the Superior Officer, the police has registered the FIR on the basis of medico-legal report given by the same doctor in the present case creating doubt about the genuineness thereof.

2.Learned State counsel seeks some time for filing response qua the aforesaid letter.

3.Be filed on or before the next date of hearing. 4.List on 21.02.2024.

5.In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and co-operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C." 6.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 24.01.2024 passed by this Court, interim bail granted vide order dated 24.01.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

7.

The petition stands allowed.

(SANJIV BERRY) JUDGE 21.02.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.02.23 10:43 I attest to the accuracy and authenticity of this order/judgment