High CourtsSingle Bench(2020) 12 P&H CK 0312

Rohit vs State Of U.T., Chandigarh

Punjab And Haryana At Chandigarh · Decided on 17 December 2020

HON’BLE JUDGES
Arvind Singh Sangwan, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 35135 Of 2020 (O&M)

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Judgment

16 paragraphs · 238 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No.0120 dated 26.09.2020, registered under Sections 341, 323, 452, 506, 34 IPC at Police

Station West, Sector 11, Chandigarh.

The operative part of the order dated 02.11.2020, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....Learned counsel for the petitioner contends that no specific part has been attributed to the petitioner. Petitioner was not armed with any

weapon. Petitioner in order to stop his brother Rohin tried to pull him back from the spot. The offences except Section 452 IPC are bailable in nature.

Notice of motion.

Mr. Gautam Dutt, APP appears and accepts notice on behalf of the respondent-UT Chandigarh. Learned State counsel submits that offence under

Section 325 IPC has been added. Petitioner was present at the spot with a weapon known as Chappar.

List on 17.12.2020....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 02.11.2020, the petitioner has appeared before the Investigating Officer

and has joined the investigation.

Counsel for the State, on instructions from ASI Bhupinder Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required

for further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 02.11.2020 is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C.