Punjab and Haryana High Court: In a petition seeking anticipatory bail for offences under Sections 302, 307, 323, 506 and 34 of the Penal Code, 1860 (‘IPC’), the Bench of Rajesh Bhardwaj, J. allowed the same making previous interim order granting bail absolute.
While granting bail on 9-03-2023, the Court had directed the petitioner to join the investigation which was complied with as submitted by the counsel for the petitioner. However, the bail application was opposed on behalf of the complainant stating that the petitioner was involved in another crime registered under Sections 354, 324, 323, 148, 149 of IPC, armed with and gave iron rod blow to the complainant. While the petitioner submitted that the prosecution case did mention the petitioner having an iron rod but only gave fist and leg blows to the deceased, and it was another co-accused who caused head injury to the deceased using iron rod. The said facts were admitted by the State Counsel on instructions from the ASI.
The Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses as against the contentions. Therefore, the Court made the interim order dated 9-03-2023 absolute subject to compliance with the conditions by the petitioner under Section 438(2) of the Criminal Procedure Code, 1973 (‘CrPC’).
[Puran Chand v. State of Punjab, 2023 SCC OnLine P&H 2492, decided on 31-10-2023]
Advocates who appeared in this case :
For Petitioner: Advocate Abhayjeet Singh
For Respondents: AAG Arun William, Advocate Vishal Aggarwal, Advocate Arvind Kashyap
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