Allowed

Gurmukh Singh @ Gukhi v. State of Punjab

Punjab & Haryana HC23 Jan 2012CRM-M/211/2012

Case brief

AI extract

What is this about?

The High Court accepted the petitioner's application for anticipatory bail under Section 438 Cr.P.C. The court observed that the petitioner had joined the investigation and there were no allegations of absconding or witness tampering. The interim bail order dated 04.01.2012 was made absolute.

What did the court decide?

The anticipatory bail application was accepted and the order dated 04.01.2012 granting interim bail was made absolute.

Gurmukh Singh @ Gukhi Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 211 of 2012(O&M) Date of Decision: January 23, 2012.

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Gurmukh Singh @Gukhi.

...... PETITIONER(s)

Versus

State of Punjab.

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. B.S.Jaswal, Advocate, for the petitioner.

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Ms. Bhavna Gupta, D.A.G., Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.55 dated 08.10.2011, under Sections 323/324/326/34 IPC registered at police station Mehta, District Amritsar.

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CRM No.M-211 of 2012

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Session Judge, Amritsar dismissing anticipatory bail application filed on behalf of the petitioner.

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This Court while issuing notice of motion on 04.01.2012 passed the following order:-

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“Crl.M.No.394 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-211 of 2012

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Contends that it is a case of version and cross-version and that cross version was recorded after about six days of recording of FIR on the statement of present petitioner, who also received injuries in the occurrence. Further contends that cross version is just to pressurize the petitioner. It is also contended that injury on the person of complainant of the cross-version is self inflicted as the same is on index finger.

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Notice of motion to Advocate General, Punjab, for 23.1.2012.

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However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”

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It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 04.01.2012.

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CRM No.M-211 of 2012

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It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

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There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Gurmukh Singh @Gukhi is accepted and order dated 04.01.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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January 23, 2012. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Gurmukh Singh @ Gukhi v. State of Punjab

Case brief

What is this about?

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Gurmukh Singh @ Gukhi v. State of Punjab

Case brief

What is this about?

What did the court decide?

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