High CourtsSingle Bench

Balwinder Kaur vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 1 March 2021 · Citation: (2021) 03 P&H CK 0003

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 148, 149, 323, 324, 326 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 3729 Of 2021 (O&M)
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

23 paragraphs · 404 words

Arvind Singh Sangwan, J

Prayer in this petition is for grant of anticipatory bail in DDR No.35 dated 29.09.2020 under Sections 323, 324, 148, 149 IPC and Section 326 IPC

(added later on), registered at Police Station Sadar Ropar, District Ropar, in FIR No.167 dated 29.09.2020 under Sections 323, 324, 34 IPC and

Section 326 IPC (added later on), registered at Police Station Sadar Rupnagar.

While granting interim anticipatory bail to the petitioner, following order was passed by this Court on 28.01.2021: -

“...Learned counsel for petitioner inter alia contends that allegations levelled in the FIR are totally concocted, false and frivolous and there is no iota

of truth therein. He further urges that it is a case of version and cross-version wherein both the parties have sustained multiple injuries. He further

urges that fight occurred due to sudden provocation on account of digging of watercourse in the agricultural land. He further urges that allegedly

petitioner gave beatings by wooden stick on the person of injured-Harswaraj Singh, whereas allegedly grievous injury either on the head or right hand

by means of sharp-edged weapon (Barcha) on the person of injured-Harswaraj Singh, has been attributed to co-accused Jaswant Singh. He further

urges that co-accused namely Baljinder Kaur, Sukhwinder Singh and Lakhvir Singh have already been granted concession of pre-arrest bail by this

Court, vide orders dated 18.11.2020, 16.12.2020 and 07.01.2021 respectively. He further urges that it is yet to be decided during the course of trial as

to which party was the aggressor one. He further urges that petitioner is ready to join investigation as and when called upon to do so by the

Investigating Agency.

Notice of motion.

At the asking of Court, Mr. Mehardeep Singh, Addl. A.G., Punjab, accepts notice on behalf of respondent-State and seeks time to furnish detailed

reply. Complete copy of paperbook be supplied to him during the course of the day...â€​

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for

any further investigation.

Learned State counsel, on instructions from ASI Makhan Singh, has not disputed the factual position and states that the petitioner is no more required

for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 28.01.2021 is made absolute subject to the

conditions envisaged under Section 438 (2) Cr.P.C.