Citation : 2023 Latest Caselaw 19789 P&H
Judgement Date : 15 November, 2023
RAJ KUMAR 2023.11.15 17:20 2023:PHHC: 144763 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210 CRM-M_No.54379 of 2023 DATE OF DECISION : 15 NOVEMBER, 2023 Surinder Singh @ Laddi ...- Petitioner Versus State of Punjab & another .... Respondents CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT keke Present: |§ Mr. Vinod Ghai, Sr. Advocate with Mr. Arnav Ghai, Advocate; Mr. B.N.S. Marok, Advocate & Mr. A.P.S. Mann, Advocate for the petitioner. Mr. Jaspal Singh Guru, AAG, Punjab. Mr. Rao Ajender Singh, Advocate for respondent No.2. 3 Ok Ok OK RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under Section 438 Cr.P.C for grant of anticipatory bail in case FIR No.96 dated 17.10.2022 registered under Sections 307, 336, 323, 506 & 34 IPC and Sections 25 & 27 of the Arms Act (Act No.54 of 1959) at Police Station Hathur, District Ludhiana.
2. The counsel for the petitioner has submitted that the case against the petitioner is totally frivolous and concocted one. However, the petitioner is not involved in the case as alleged against him. Even as per the story of the prosecution the only allegation against the petitioner is that he was armed with fire arm and fired in the air. In any case, no injury is alleged to have been caused with the said fire arm. Not only that even the said fire arm is alleged to have been recovered from the spot. Therefore, nothing is to be recovered from the petitioner. There is no
other case against the petitioner. The petitioner shall join the
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CRM-M_No.54379 of 2023 2023:PHHC: 144763
investigation as and when called by the police. Otherwise also the matter has been amicably settled between the parties. Hence, the petitioner deserves to be protected against his arrest in the present case.
3. The counsel for the State, on instructions from ASI Surjit Singh, has submitted that the petitioner was very much participant in the incident in which two persons received injuries. Not only that the petitioner was armed with an illegal fire arm and even the said fire arm is already recovered by the police from the scene of occurrence. However, it is not disputed that no injury is alleged to have been caused with the fire arm and even the said fire arm is already recovered by the police from the scene of occurrence. It is also not disputed that there is no other case against the petitioner.
4. Even the counsel for the complainant has not disputed the fact that the parties have amicably settled the dispute and now, the complainant does not have any grievance as such.
5. 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.
15" November, 2023 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
RAJ KUMAR
2023.11.15 17:20
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