In this oral judgment, the High Court of Punjab and Haryana granted anticipatory bail to the petitioner under Section 438 Cr.P.C., following his jointhe investigation and considering mutual injuries in the alleged altercation.
Anticipatory bail granted under Section 438 Cr.P.C. subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-10382 of 2009 Date of decision : 20.05.2009
Amandeep Gir
....Petitioner
V/s
State of Punjab
....Respondent.
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. H.S. Rakhra, Advocate for the petitioner.
Mr. Shailesh Gupta, DAG Punjab.
RAJAN GUPTA J. (ORAL)
Counsel submits that the injury leading to inclusion of offence under Section 307 IPC has not been attributed to the petitioner. According to the counsel, the petitioner himself also received injuries, as is evident from his medico legal report, Annexure P-2. Counsel further submits that the altercation had taken place between the parties and both i.e. the complainant as well as the accused sides received injuries.
Learned counsel for the State (on instructions from Head Constable Jarnail Singh, who is present in Court) submits that pursuant to order dated 22.04.2009, the petitioner has joined the investigation and is no longer required for custodial interrogation.
In view of this, the instant petition is allowed. The petitioner is granted the concession of anticipatory bail subject to the conditions as envisaged under Section 438(2) Cr.P.C.
20.05.2009 Ajay
(RAJAN GUPTA) JUDGE
1 issue framed by the court
Whether the petitioner, facing allegations of criminal breach of peace and involvement in an altercation, is entitled to anticipatory bail.
1 provisions across 1 enactments
Amandeep Gir
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
