High CourtsSingle Bench

Gagandeep @ Gagan vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 21 December 2020 · Citation: (2020) 12 P&H CK 0356

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 324, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 38921 Of 2020 (O&M)
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Judgment

22 paragraphs · 353 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.144 dated 8.11.2020 at

Police Station Naggal, District Ambala under Sections 323, 324, 506 and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion the following order was passed on 25.11.2020:

“Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 144 dated 08.11.2020, under Sections 323, 324, 506 read with Section 34 of the Indian Penal

Code, 1860, registered at Police Station Naggal, District Ambala.

Learned counsel for the petitioner contends that the allegations in the FIR are that the petitioner had given a knife blow on the left thumb of the

complainant. He, however, contends that the incident is the outcome of a sudden altercation between the parties in which the petitioner had also

sustained injuries.

Issue notice to the respondent.

At the asking of the Court, Mr. Chetan Sharma, AAG, Haryana, accepts notice on behalf of the respondent-State.

List on 21.12.2020.

In the meantime, the petitioner is directed to appear before the investigating/arresting officer and join investigation. In the event of his arrest, the

investigating/arresting officer shall release the petitioner on ad interim bail subject to his satisfaction. The petitioner shall also abide by the conditions as

envisaged under Section 438 (2) Cr.P.C.â€​

3.

The learned State counsel upon instructions from HC Gurmej Singh has informed that pursuant to interim directions issued on 25.11.2020, the

petitioner has joined investigation and is not required for any custodial interrogation and that he is not involved in any other case.

4.

Having regard to the aforestated position, especially that the petitioner has joined investigation and is not required for any custodial interrogation, the

petition is accepted and the interim directions issued by this Court vide order dated 25.11.2020 are hereby made absolute subject to the condition that

the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the

conditions as provided under Section 438 (2) Cr.P.C.