“this Is a Petition Under Section 438 Cr.P.C. for Grant Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126349
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
Appellant“this Is a Petition Under Section 438 Cr.P.C. for Grant
RespondentState of Punjab
Excerpt:
in the high court of punjab & haryana at chandigarh crm no.m-216 of 2014 date of decision: 11.02.2014. sagar ..petitioner versus state of punjab ..respondent coram: hon'ble mr.justice tejinder singh dhindsa. present: mr.m.s.sidhu, advocate for the petitioner. mr.vaibhav sharma, dag punjab....tejinder singh dhindsa, j. (oral).this order shall dispose of the present petition filed under section 438 cr.p.c.for grant of anticipatory bail to the petitioner in case fir no.164 dated 27.09.2013 under sections 452/323/341/355/34 ipc registered at police station city moga. while issuing notice of motion on 09.01.2014, the following order was passed by this court: “this is a petition under section 438 cr.p.c.for grant of pre arrest bail in case fir no.164 dated 27.09.2013 under sections 452/323/341/355/34 ipc, registered at police station city moga. counsel for the petitioner would inter alia argue that the only role attributed to the petitioner as per version of the complainant is that he had given a kirch blow and which had landed on the left arm of the brother of the complainant. counsel submits that the only injury attributed is simple injury of abrasion. it is further submitted that the petitioner is ready and willing to join investigation. kaur harjeet notice of motion for 11.02.2014. 2014.02.13 10:01 i attest to the accuracy and integrity of this document crm no.m-216 of 2014 -2- in the event of arrest, the petitioner be released on interim bail subject to the satisfaction of the arresting/investigating officer. the petitioner shall join investigation as and when called upon to do so and shall remain bound by the conditions envisaged under section 438 (2) cr.p.c.”. learned state counsel upon instructions from hc manpreet singh would apprise the court that the petitioner has since joined investigation. it has not been disputed that the only injury attributed to the petitioner is a simple injury of abrasion and that also on the left arm of the brother of the complainant in the light of such factual position, i am of the considered view that the petitioner is entitled to the concession of pre-arrest bail. accordingly, the present petition is allowed. the order dated 09.01.2014 is made absolute. disposed of. february 11, 2014 (tejinder singh dhindsa) harjeet judge kaur harjeet 2014.02.13 10:01 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-216 of 2014 Date of decision: 11.02.2014.

Sagar ..Petitioner versus State of Punjab ..Respondent CORAM: HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.M.S.Sidhu, Advocate for the petitioner.

Mr.Vaibhav Sharma, DAG Punjab....TEJINDER SINGH DHINDSA, J.

(ORAL).This order shall dispose of the present petition filed under Section 438 Cr.P.C.for grant of anticipatory bail to the petitioner in case FIR No.164 dated 27.09.2013 under Sections 452/323/341/355/34 IPC registered at Police Station City Moga.

While issuing notice of motion on 09.01.2014, the following order was passed by this Court: “This is a petition under Section 438 Cr.P.C.for grant of pre arrest bail in case FIR No.164 dated 27.09.2013 under Sections 452/323/341/355/34 IPC, registered at Police station City Moga.

Counsel for the petitioner would inter alia argue that the only role attributed to the petitioner as per version of the complainant is that he had given a kirch blow and which had landed on the left arm of the brother of the complainant.

Counsel submits that the only injury attributed is simple injury of abrasion.

It is further submitted that the petitioner is ready and willing to join investigation.

Kaur Harjeet Notice of motion for 11.02.2014.

2014.02.13 10:01 I attest to the accuracy and integrity of this document CRM No.M-216 of 2014 -2- In the event of arrest, the petitioner be released on interim bail subject to the satisfaction of the Arresting/Investigating Officer.

The petitioner shall join investigation as and when called upon to do so and shall remain bound by the conditions envisaged under Section 438 (2) Cr.P.C.”

.

Learned State counsel upon instructions from HC Manpreet Singh would apprise the Court that the petitioner has since joined investigation.

It has not been disputed that the only injury attributed to the petitioner is a simple injury of abrasion and that also on the left arm of the brother of the complainant In the light of such factual position, I am of the considered view that the petitioner is entitled to the concession of pre-arrest bail.

Accordingly, the present petition is allowed.

The order dated 09.01.2014 is made absolute.

Disposed of.

February 11, 2014 (TEJINDER SINGH DHINDSA) harjeet JUDGE Kaur Harjeet 2014.02.13 10:01 I attest to the accuracy and integrity of this document