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Judgment
23 paragraphs · 404 wordsArvind 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.
