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2025 DAILYLAW 113379 (PNJ)

KULBIR SINGH v. STATE OF PUNJAB

CRM-M/54741/2024 · 2025-03-11

Sanjiv Berry

body2025

Judgment text

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212 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-54741-2024 Date of decision: 11.03.2025 KULBIR SINGH ….PETITIONER Versus STATE OF PUNJAB ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Vikasdeep Singh, Advocate for the petitioner. Mr. Rajinder Singh Bhatta, DAG, Punjab. **** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: FIR No. Dated Sections Police Station 50 21.10.2024 115(2), 118 (1), 3 (5), 351 (2), 351 (3) of BNS, 2023 Fattu Dhinga, District Kapurthala. 2. Learned counsel for the petitioner submits that in compliance to the order dated 04.11.2024 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide order dated 04.11.2024 3. Learned State counsel, on instructions from ASI Major Singh, intimates the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial interrogation. KANIKA 2025.03.12 18:10 I attest to the accuracy and authenticity of this order/judgment 212 CRM-M-54741-2024 2 4. During the course of hearing on 04.11.2024, following order was passed: “Learned counsel for the petitioner submits that although in the FIR, the complainant alleges that he had been inflicted injuries by 3 accused including the petitioner and the petitioner is alleged to have inflicted injury with the help of a ‘datar’ on his fingers, which has been declared to be grievous injury, but as a matter of fact the complainant has not come out with the correct version and in fact it is a case where the petitioner himself had sustained as many as 7 injuries including the injuries with sharp edged weapons, as would be evident from his MLR annexed as Annexure P-2. Learned counsel further submits that even the petitioner’s brother Bakshish Singh sustained as many as 4 injuries. It has, thus, been submitted that the genesis of occurrence has been suppressed by the complainant and a distorted version has been put-forth. It has also been submitted that the petitioner and his brother were medically examined on the day of occurrence itself i.e. on 17.09.2024, at the Civil Hospital, Kapurthala, which would leave no room to doubt version of the petitioner. Notice of motion for 11.03.2025. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.” 5. Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation KANIKA 2025.03.12 18:10 I attest to the accuracy and authenticity of this order/judgment 212 CRM-M-54741-2024 3 consequent to the order dated 04.11.2024 passed by this Court, interim bail granted vide order dated 04.11.2024 is hereby confirmed, subject to conditions as envisaged under Section 482 (2) of BNSS, 2023. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6. The petition stands allowed. 7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 11.03.2025 kanika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.03.12 18:10 I attest to the accuracy and authenticity of this order/judgment