Petitioner sought anticipatory bail citing medical condition. Court converted earlier interim anticipatory bail order to absolute as petitioner joined investigation, subject to CrPC conditions.
Order dated 22.07.2021 granting interim anticipatory bail made absolute.
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CRM-M-27105-2021
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(201)
CRM-M-27105-2021 Date of decision: - 25.10.2021
Amarjit Singh
....Petitioner
Versus
The State of Punjab
.....Respondent
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:Mr. Charanjit Singh Bakhshi, Advocate, for the petitioner.
Mr. K.S. Aulakh, Deputy Advocate General, Punjab.
Mr. A.D.S. Jattana, Advocate for the complainant.
********
HARSIMRAN SINGH SETHI, J. (ORAL)
Petitioner is seeking anticipatory bail in FIR No.86 dated 23.06.2021, registered under Sections 323, 341, 307, 326, 506 and 34 IPC, at Police Station Mullanpur, District SAS Nagar.
Learned counsel for the petitioner contends that the petitioner
has joined investigation in terms of order passed by a Co-ordinate Bench of this Court on 22.07.2021. Order dated 22.07.2021 is as under:
“This is a petition for grant of anticipatory bail in case FIR No. 86 dated 23.06.2021 under Sections 323, 341, 307, 326, 506 and 34 IPC registered at Police Station Mullanpur, SAS Nagar.
Mr. Bakhshi, learned counsel for petitioner has circulated an OPD slip from the PGI Chandigarh as per which, petitioner has been
NARESH KUMAR 2021.10.25 17:33 I attest to the accuracy and integrity of this document
CRM-M-27105-2021
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diagnosed as: 'CLL currently chronic diarrhoea – one -- altered bowled habits plus loss weight unexplained by CLL. Gastroenterology consult. Stool occult blood x 2. USG abdomen'.
Mr. Bakhshi states that the disease of the petitioner is progressive and he needs treatment and care.
Learned State counsel has stated that the Investigating Officer has written to PGI seeking medical status of petitioner.
Learned counsel for complainant has opposed the grant of any interim concession to petitioner by contending that the disease suffered by petitioner cannot be said to be progressive and life threatening. It is not so evident from the medical record relied upon by petitioner. He further contends that there are serious allegations against the petitioner that he caused an injury with axe leading to permanent loss of eye sight .
There are two accused in this case. The co- accused Ravinder Singh (son of the petitioner) has already been taken into custody.
Considering the medical condition of petitioner as disclosed by OPD chart and explained by Mr. Bakhshi it is deemed appropriate to grant the benefit of interim anticipatory bail to petitioner.
Adjourned to 17.10.2021.
Meanwhile, in the event of arrest, the petitioner shall be released on interim anticipatory bail to the satisfaction of the Arresting/Investigating Officer,subject to the conditions provided under Section 438(2) Cr.P.C. The petitioner is also directed to join the investigation and cooperate with the Investigating Agency, as and when required.”
Learned State counsel, on instructions from ASI Dalvinder Singh, states that in terms of the order of this Court reproduced before, the petitioner has joined the investigation and the challan has been submitted and the petitioner is not required for further interrogation.
In view of the above, the order dated 22.07.2021 granting
interim bail to the petitioner is made absolute.
However, the petitioner shall abide by the conditions
NARESH KUMAR 2021.10.25 17:33 I attest to the accuracy and integrity of this document
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stipulated under Section 438(2) Cr.P.C.
The present petition stands disposed of.
( HARSIMRAN SINGH SETHI ) October 25, 2021 JUDGE naresh.k Whether reasoned/speaking? Yes Whether reportable? No
NARESH KUMAR 2021.10.25 17:33 I attest to the accuracy and integrity of this document
Amarjit Singh
The State of Punjab
HARSIMRAN SINGH SETHI
As recorded by the court registry
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