Punjab-Haryana High Court
Darshan Singh vs State Of Punjab on 14 February, 2024
Neutral Citation No:=2024:PHHC:020588
2024:PHHC:020588
[215-2] IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2028-2024 (O&M)
Date of Decision : 14.02.2024
Darshan Singh @ Fauji ...Petitioner
versus
State of Punjab ....Respondent
Coram : HON'BLE MR. JUSTICE DEEPAK GUPTA
Present : Mr. Nakul Sharma, Advocate for the petitioner.
Mr. Sahil R. Bakshi, DAG, Punjab.
***
DEEPAK GUPTA, J. (ORAL)
[1] On 15.01.2024, the following order was passed by this Court:-
" Present: Mr. Nakul Sharma, Advocate for the petitioner.
**** Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.201 dated 12.12.2023 registered under Sections 307, 323, 324, 148, 149 of the IPC & Section 25/27 of Arms Act registered at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib.
It is contended by learned counsel that interim anticipatory bail has already been allowed to co-accused Jagsir Singh vide order dated 05.01.2024 passed in CRM-M-48-2024 (O&M).
However, it is noticed that no role was attributed to Jagsir Singh except to have given kick blows. On the other hand, petitioner is attributed to have given a dang blow on the head of the complainant.
To clarify the aforsaid position, learned counsel contends that it is the case of version and cross-version inasmuch as even one member of the accused party also sustained injuries namely Hardum Singh as per MLR (Annexure P-3).
Notice of motion.
Mr. Amit Rana, Senior DAG, Punjab accepts notice on behalf of respondent- State.
1 of 2 ::: Downloaded on - 15-02-2024 06:30:19 ::: Neutral Citation No:=2024:PHHC:020588 2024:PHHC:020588 CRM-M-2028-2024 (O&M) -2- Learned State counsel after going through the police file has informed this Court that injury attributed to the petitioner is simple in nature. He further informs that Section 307 of the IPC has been invoked on account of the allegation that co-accused Gurpreet Singh had fired with a pistol towards the complainant, though the shot did not hit him.
Be listed on 14.02.2024 along with CRM-M-48-2024 (O&M) for filing status report.
In the meantime, in case of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C. "
[2] Today, learned State Counsel, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 15.01.2024 and is no longer required for further investigation. [3] In view of the aforesaid, the order dated 15.01.2024, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.
[4] Disposed of.
(DEEPAK GUPTA)
JUDGE
14.02.2024
'Rajneesh'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:020588 2 of 2 ::: Downloaded on - 15-02-2024 06:30:20 :::