IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.24425 of 2018
Date of decision: 7th June, 2018
Harsh Garg
… Petitioner
Versus
State of Punjab
… Respondent
CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Amarjit S. Ahluwalia, Advocate for the petitioner.
Mr. H.S. Grewal, Addl. Advocate General, Punjab
for the respondent/State.
FATEH DEEP SINGH, J. (ORAL)
Allegations against the petitioner Harsh Garg in this first
anticipatory bail application filed under Section 438 Cr.P.C. in case
bearing FIR No.101 dated 23.04.2018 registered at Police Station
Kotwali Patiala, District Patiala under Sections 354, 341, 323, 506, 34
IPC, are that he and his family had objected the complainant Madhu
Thakur for running the billiards-pool table at her residence which was a
cause of inconvenience to the neighbours including the petitioners, as a
consequence of which on 22.04.2018 both the parties have accosted
each other wherein both sides received injuries.
Contentions of the learned counsel for the petitioner are that
it is a case of version and cross-version and only simple injuries are
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attributed and that all the offences except one under Section 354 IPC are
bailable.
Though on behalf of the State, Mr. H.S. Grewal, Addl.
Advocate General, Punjab has sought to oppose grant of bail to the
petitioner on the grounds that custodial interrogation of the petitioner is
required and that they have misbehaved with a woman and thus no cause
for grant of bail is made out.
Appreciating the submissions of the two sides, as per the
MLR relied upon by the petitioner side, the petitioner has received four
injuries which is reflected from the MLR (Annexure P2) and regarding
which an application/representation (Annexure P3) was moved before
the police authorities and which is under consideration. In the light of
the same, being a case of version and cross-version wherein both sides
have received injuries and it is a debatable issue as to which of the
parties is the aggressor, and when nothing is to be recovered from the
petitioner, this Court is of the opinion that no useful purpose will be
served by sending the petitioner behind bars in the present case.
Accordingly, in the event of arrest, petitioner is ordered to be released
on bail to the satisfaction of the Arresting Officer till submission of
report under Section 173 Cr.P.C. (challan). He shall continue to join
investigation and shall furnish an undertaking that he shall abide by the
conditions specified under Section 438 (2) Cr.P.C. Thereafter, the
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petitioner will be permitted to furnish regular bail bonds to the
satisfaction of the trial Court.
The petition stands disposed off accordingly.
(FATEH DEEP SINGH)
JUDGE
June 7, 2018
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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