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Judgments of Supreme Court of India and High Courts

Harsh Garg vs State Of Punjab on 7 June, 2018

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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