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Bhawanpreet Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 April 2022 · Citation: (2022) 04 P&H CK 0088

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 148, 149, 307, 323, 324, 326, 341, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 51477 Of 2021
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Judgment

8 paragraphs · 328 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No. 204 dated 23.10.2021, registered under Sections 323, 324, 341, 148, 149, 506 OF THE IPC (SECTIONS 307 AND 326 OF THE IPC ADDED LATER ON) at Police Station City Rupnagar, District Rupnagar.

The operative part of the order dated 13.12.2021, vide which the petitioner has been granted interim bail, is reproduced below:

“Learned senior counsel for the petitioner (in CRM-M50602-2021) has argued that the petitioner – Navjot Singh is attributed a lalkara whereas Section 307 IPC is attributed to co-accused Dilpreet Singh and Dinesh Kumar. Counsel appearing for the petitioner – Bhawanpreet Singh (in CRM-M-51477-2021) has submitted that the petitioner is not named in the FIR and his named surfaced in the case later and the only allegation against the petitioner is that he has given the stick blow to the victim. It is also submitted that the petitioner is a school going boy and he has to appear in the CBSE Board Exam. Counsel for the State assisted by counsel for the complainant and on instructions from the Investigating Officer, has not disputed the factual position and further argued that in fact, the victim Sikander has suffered 07 injuries out of which 03 injuries were declared grievous and later on, Section 307 IPC was added.

List again on 26.04.2022.”

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 13.12.2021, has already appeared before the SHO/Investigating Officer and has joined the investigation.

Learned counsel for the State, on instructions from the Investigating Officer, assisted by learned counsel for the complainant, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 13.12.2021, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.