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Gurpreet Singh v. State Of Punjab

Gurpreet Singh v. State Of Punjab

(High Court Of Punjab And Haryana)

CRM-M No.29391 of 2021 | 14-10-2021

RAJ MOHAN SINGH, J.

1. The case has been taken up for hearing through videoconferencing.

2. Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.83 dated 08.05.2020 registered under Sections 452, 324, 447, 506, 148, 149,427 IPC and Sections 326 and 323 IPC (was added later on), at Police Station Koom Kalan, District Police Commissionerate Ludhiana.

3. On 28.07.2021, following order was passed:-

“The case has been taken up for hearing through video-conferencing.

Learned counsel for the petitioner contends that the petitioner is not specifically named in the FIR and no specific injury has been attributed to him. The alleged danda blow on the person of the complainant is also on non-vital part of the body. Co-accused Mukhtiar Singh has been granted concession of anticipatory bail vide order dated 31.03.2021 passed in CRM-M No.2094 of 2021.

Notice of motion for 11.10.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 02.08.2021 at 11:00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date.”

4. Learned counsel for the petitioner submits that no specific injury has been attributed to the petitioner and alleged injury i.e. a danda blow attributed to the petitioner is also on the non-vital part of the body of the complainant. Co-accused Mukhtiar Singh has also been granted anticipatory bail vide order dated 31.03.2021 passed in CRM-M No.2094 of 2021.

5. Learned counsel for the petitioner further submits that in compliance of the order dated 28.07.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

6. Learned State counsel on instructions from ASI Dilbag Rai admits the aforesaid fact and submits that the petitioner is no more required for further investigation in the case.

7. In view of aforesaid factual position, the interim order dated 28.07.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

8. Petition stands disposed of.

Advocate List

  • Ms. H.K Arora, Advocate for the petitioner.

  • Mr. Amar Ashok Pathak, Addl A.G Punjab.

Bench
  • HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Eq Citations
  • LQ/PunjHC/2021/12126
Head Note

Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Grant of — Petitioner not specifically named in FIR — No specific injury attributed to him — Alleged danda blow on person of complainant is also on non-vital part of body — Co-accused granted anticipatory bail — Petitioner joined investigation to satisfaction of Investigating Officer — In view of aforesaid factual position, interim order made absolute — Petitioner directed to keep on joining investigation as and when required