Raj Kumar vs State Of Punjab
2021 Latest Caselaw 2997 P&H

211.
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH

                                 CRM-M-42857-2021
                                 Date of Decision: 14.10.2021


RAJ KUMAR                                                 .... Petitioner


                                 Versus


STATE OF PUNJAB                                           .... Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-   Mr. Vivek K. Thakur, Advocate, for the petitioner.

            Mr. M.S. Dullat, Additional Advocate General, Punjab.
                              ----

JAISHREE THAKUR.J (Oral)

This is a petition that has been filed under Section 439 Cr.P.C.

for grant of regular bail to the petitioner in case FIR No.111, dated

28.05.2021, registered under Sections 323, 342, 506, 509, 498-A and 34 of

IPC at Police Station Sadar, District Kapurthala.

Learned counsel for the petitioner would argue that initially

only Sections 323, 342, 506, 509, 498-A and 34 of IPC had been invoked

against the petitioner herein who had been allowed anticipatory bail by the

Additional Sessions Judge, Kapurthala, which came to be confirmed on

28.07.2021. It is argued that the petitioner had joined investigation under the

aforesaid Sections, however, on a supplementary DDR, Sections 307 and

325 IPC came to be invoked, consequent to which, the petitioner was

arrested immediately which is in violation of the judgment rendered by the

Hon'ble Supreme Court in Pradeep Ram Versus State of Jharkhand-2019

1 of 2

(17) SCC 326. It is argued that without seeking permission of the Court

allowing him interim bail which had been subsequently confirmed, he could

not have been arrested under the newly added Sections. In any case, it is

submitted that the matter stands investigated and the custody of the

petitioner would no longer be required.

On the other hand, learned counsel appearing on behalf of the

respondent-State would submit that on the basis of DDR which came to be

recorded subsequently, Sections 307 and 325 IPC were invoked against the

petitioner herein. On the asking of the Court whether the challan has been

presented qua the newly added Sections, this Court is informed that challan

stands presented.

After having heard learned counsel for the parties and keeping

in view the fact that the challan stands presented, the custody of the

petitioner would no longer be required and thus, this Court deems it

appropriate to release the petitioner on regular bail.

Accordingly, the instant petition is allowed and the petitioner is

directed to be released on regular bail on execution of personal bond in the

sum of Rs.50,000/- with one surety of the like amount to the satisfaction of

concerned trial Court/Duty Magistrate.

However, any observation made herein shall not be construed to

be an expression of opinion on merits of the case.

                                                   (JAISHREE THAKUR)
                                                          JUDGE
14.10.2021
sanjeev      Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No



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