RAJ KUMAR 2023.11.02 16:32 2023:PHHC: 139594 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 104 CRM-M_No.54650 of 2023 DATE OF DECISION : 2"? NOVEMBER, 2023 Sani @ Sukhchain Singh ...- Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT kk Present: | Mr. Karamjit Verma, Advocate for the petitioner. OK Ok 3K RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail in case FIR No.170 dated 23.08.2023 registered under Sections 323, 324, 452, 379-B, 427, 506 & 34 IPC at Police Station Machhiwara, District Ludhiana.
2. The counsel for the petitioner has submitted that the case against the petitioner is totally frivolous and concocted one. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution there is no specific allegation levelled against him. The petitioner is involved by the complainant by levelling general allegations qua causing injury to the complainant and snatching of gold chain. Even as per that version of the complainant, the petitioner has attributed only simple injury having been caused to the complainant.
There is no other case against the petitioner. The petitioner shall join the | attest to the accuracy and integrity of this document/judgment CRM-M_No.54650 of 2023 2023:PHHC: 139594 -2- investigation as and when called by the police. Hence, the petitioner deserves to be protected against his arrest in the present case.
3. Notice of motion.
4. Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the State.
5. The counsel for the State, on instructions from ASI Sanjeev Kumar, has submitted that the petitioner was member of the group which entered into the house of the complainant and attacked him and his family members. The gold chain was also snatched by the petitioner along with his co-accused. However, it is not disputed by counsel for the State that there is no specific allegation against the petitioner qua snatching of gold chain, injury attributed to the petitioner is found simple in nature, and that there is no other case against him.
6. In view of the above, the present petition is allowed. In the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds/surety to the satisfaction of Arresting/ Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.
27 November, 2023 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No Whether Reportable: Yes No RAJ KUMAR 2023.11.02 16:32 | attest to the accuracy and integrity of this document/judgment