Punjab-Haryana High Court
Vishal Alias Vishal Kumar vs State Of Punjab on 11 November, 2024
CRM-M-35102-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.288
Case No. : CRM-M-35102-2024
Decided On : November 11, 2024
Vishal @ Vishal Kumar .... Petitioner
vs.
State of Punjab .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. P.K.S. Phoolka, Advocate
for the petitioner.
Mr. R. S. Bhatta, DAG, Punjab.
* * *
GURBIR SINGH, J. :
1. The instant petition has been filed under Section 438 Cr.P.C. for
grant of anticipatory bail to the petitioner in FIR No.0074 dated 07.06.2024
(Annexure P-1), under Sections 324, 323, 341, 148, 149 IPC (Section 326
IPC was added later on), registered at Police Station Civil Lines, District
Bathinda.
2. Shorn of unnecessary details, case of the prosecution is that the
present FIR was registered on the basis of statement made by one Anish
Kumar, stating therein that on 02.06.2024 at about 09:30 PM, Arjun @
Chhoti, Kuldeep, Aman Chadda, Vishal @ Goli, Vishal (present petitioner),
along with some other unknown persons, encircled him and caused grievous
injuries on his person.
3. Learned counsel for the petitioner states that there is inordinate
delay of five days in registering the case, meaning thereby that the same is
an after-thought. The alleged grievous injuries were caused by Arjun @
Chhoti and Kuldeep. No role is attributed to the petitioner but maximum
number of persons have been implicated to take revenge of a previous
grudge.
3. On the last date of hearing i.e. 24.07.2024, while issuing notice of
motion, the petitioner was granted interim bail and was directed to join
investigation, as per conditions envisaged under Section 438(2) Cr.P.C.
4. Status Report, by way of affidavit of Sarvjeet Singh Brar, PPS,
Deputy Superintendent of Police, City-2, Bathinda, on behalf of respondent-
State has been filed in Court today, which is ordered to be taken on record.
Learned State counsel, while referring to the Status Report, has submitted
that pursuant to order dated 24.07.2024, passed by this Court, the petitioner
has joined investigation. However, he has fairly submitted that the
petitioner did not appear before the learned Trial Court on the date fixed i.e.
29.10.2024 and non-bailable warrant was issued against him for the next
date of hearing i.e. 12.11.2024.
5. The petitioner was granted interim bail on 24.07.2024. He joined
investigation and thereafter, Challan was filed in the Court in absence of the
petitioner. As per orders dated 10.09.2024, passed by learned Trial Court,
petitioner is stated to be on bail and notice was issued to the petitioner. The
learned Trial Court was required to assign process against the petitioner to
the Investigating Officer since Challan was presented in his absence.
Simply issuance of non-bailable warrant against the petitioner, when he is on
interim bail, is insignificant.
6. A bare perusal of the record reveals that neither any specific role
nor any injury has been attributed to the petitioner. Challan has been
presented and petitioner has also joined investigation. Therefore, the
present petition is allowed and interim order dated 24.07.2024 is made
absolute, subject to the conditions laid down in Section 438(2) Cr.P.C. The
petitioner is directed to surrender before the learned Trial Court within 10
days and he shall be admitted to bail.
7. Pending applications, if any, shall stand disposed of along with
this judgment.
November 11, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
