Allowed

Varinder Singh & Anr. v. State of Punjab

Punjab & Haryana HC26 Apr 2018CRM-M/29302/2017

Case brief

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What is this about?

The High Court of Punjab and Haryana allowed a petition for anticipatory bail. Relying on medical reports indicating simple injuries and the Investigating Officer's opinion that no further investigation was needed, the court made the interim bail absolute under Section 438(2) Cr.P.C.

What did the court decide?

Petition allowed and interim bail granted vide order dated 08.08.2017 made absolute subject to conditions under Section 438(2) Cr.P.C.

Varinder Singh & Anr. Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2018)

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CRM-M No.29302 of 2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.29302 of 2017 Decided on: 26.04.2018

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Varinder Singh and another

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....Petitioners

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Versus

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State of Punjab ....Respondent

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CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

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Present : Mr. Dharampal Gill, Advocate for the petitioners.

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Ms. Samina Dhir, DAG, Punjab.

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Mr. Nitish Garg, Advocate for the complainant.

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ARVIND SINGH SANGWAN, J. (Oral)

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The petitioners pray for grant of anticipatory bail in FIR No.154 dated 10.07.2017 registered under Sections 452, 323 read with Section 34 IPC at Police Station Sohana, Sector 66, District Mohali.

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Counsel for the petitioners submits that the petitioners, in pursuance to the order dated 11.08.2017, have already appeared before the Investigating Officer and joined the investigation.

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Affidavit of the Deputy Superintendent of Police, (City – II), District S.A.S. Nagar, Mohali filed in the Court is taken on record (in CRM-M No.28769 of 2017). As per this affidavit, the opinion of the Medical Officer, Civil Hospital, Phase – VI, Mohali dated 11.01.2018 and 06.04.2018 is reproduced as follows:-

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“ As per GH-Sec.16 record Pt. Surjeet Singh was admitted vide OPD No.201712625. Pt. was examined by General Surgeon and NCCT had MCC head got done which showed (M) study of brain. So nature of injury for No.(1) is simple. Regarding injury No.(2) Kindly provide me x-ray report which is not enclosed with the document. As per GH-16 file record orthopaedic examined the Pt. and got x-ray done but report is not provided with the enclosed documents.

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Mohd. Yakub 2018.04.27 10:08 I attest to the accuracy and authenticity of this document Chandigarh

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CRM-M No.29302 of 2017

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Sd/- 11.01.2018 Dr. Sukhwinder Kaur, Medical Officer, Sector 39 Chandigarh. ”

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“ ....Pt. Surjeet Singh son of Kulwant Singh r/o Badhi Medico legally examined by me on 10.07.2017. Patient was referred to GH-16 for NCCT and x-ray report shoulder joint...”

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Regarding injury No.2) x-ray was done in GH-16. Today I received the x-ray report. As per report no Bone Injury present So nature of injury No.2 is simple.

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Sd/- 06.04.2018 11:45 a.m. Civil Dispensary, Punjab Govt. Sector – 39/D, Chandigarh. ”

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As per the opinion of the doctor, the nature of injury No.1 is simple and injury No.2 after the x-ray, is also declared as simple in nature.

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Counsel for the State, on instructions from ASI Om Parkash, assisted with counsel for the complainant has not disputed the factual position and submits that the petitioners are no more required for any further investigation.

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In view of the above, the petition is allowed and the interim bail granted to the petitioners vide order dated 08.08.2017 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

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(ARVIND SINGH SANGWAN) JUDGE

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26.04.2018

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yakub

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Whether speaking/reasoned Yes/No Whether reportable: Yes/No

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Mohd. Yakub 2018.04.27 10:08 I attest to the accuracy and authenticity of this document Chandigarh

Varinder Singh & Anr. v. State of Punjab

Case brief

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Varinder Singh & Anr. v. State of Punjab

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