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Judgment
22 paragraphs · 343 wordsAnupinder Singh Grewal, J
Heard through video conferencing.
The petitioner is seeking anticipatory bail in FIR No. 184 dated 16.09.2020, under Sections 452, 323, 324, 427, 379, 148 and 149 of the Indian Penal
Code, 1860 (‘IPC’ - for short) (Section 326 IPC added subsequently), registered at Police Station City Gurdaspur, District Gurdaspur.
Learned counsel for the petitioner contends that the petitioner has been attributed a simple injury on the left elbow of the deceased. The injury for
which offence under Section 326 IPC has been added is attributed to co-accused, namely, Arjun. He also contends that the petitioner is not involved in
any other criminal case.
Learned counsel for the complainant states that the petitioner was directed to pay a sum of Rs.10,000/- to the complainant but he has not done so.
Status report filed by the learned State counsel through email is taken on record. Learned State counsel, upon instructions from ASI Jai Singh, states
that although petitioner has joined investigation but recovery is yet to be effected.
This Court, by the order dated 03.11.2020, had directed petitioner to appear before the Investigating Officer and join the investigation and in the event
of his arrest, he was to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged
under Section 438(2) Cr.P.C.
Heard.
In view of the submissions of learned counsel for the petitioner and he having joined investigation, the order dated 03.11.2020 granting interim bail to
the petitioner is made absolute.
However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon
to do so.
The petitioner shall deposit a sum of Rs.10,000/- in the account of the complainant within one week or prepare a demand draft for the same amount
and pay the same to the complainant within a week. In the event of the petitioner failing to pay the same, it will be open to the complainant to prefer
an application in this regard.
The petition stands disposed of.
