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2021 Supreme(P&H) 1095

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Pippal Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 17743 of 2021
Decided On : 07-07-2021

Advocates Appeared:
Arshdeep Singh Bawa, Advocate, Dhruv Dayal, Advocate

Headnote:

Anticipatory Bail - Alleged altercation between villagers and police over Covid-19 barricade - Petitioner declared innocent after investigation - Interim bail made absolute

Fact of the Case:

The petitioner sought anticipatory bail in a case involving alleged altercation between villagers and police over setting up barricade to prevent the spread of Covid-19 pandemic. The petitioner had earlier been granted ad interim bail and had joined investigation. The petitioner was declared innocent by the police, and the previous application for anticipatory bail had been withdrawn.

Finding of the Court:

The court found that the petitioner had been declared innocent after investigation and was not required for custodial interrogation. The order granting interim bail to the petitioner was made absolute, with the petitioner being required to abide by the conditions stipulated under Section 438(2) Cr.P.C and to join investigation as and when called upon to do so.

Issues: The issues involved the petitioner's request for anticipatory bail in a case involving multiple sections of the Indian Penal Code, arising from an altercation between villagers and police over Covid-19 barricade.

Ratio Decidendi: The court's decision was influenced by the petitioner being declared innocent after investigation, the previous grant of ad interim bail, and the fact that co-accused had been granted anticipatory bail by the Coordinate Bench of the Court.

Final Decision: The petition for anticipatory bail was disposed of, and the order granting interim bail to the petitioner was made absolute, with the petitioner being required to abide by specified conditions and to join investigation as and when called upon to do so.

JUDGMENT

Anupinder Singh Grewal, J. - Heard through video conferencing.

2. The petitioner is seeking anticipatory bail in FIR No. 58 dated 30.03.2020, under Sections 307, 323, 186, 353, 188, 269, 270, 341, 148, 149 and 120-B of the Indian Penal Code, 1860, registered at Police Station Dharamkot, District Moga.

3. Learned counsel for the petitioner contends that it is alleged that an altercation took place between the villagers and the police with regard to setting up barricade to prevent the spread of Covid-19 pandemic. He, however, contends that simple injuries were caused on both sides. He also contends that the petitioner had earlier been granted ad interim bail and had joined investigation. The petitioner was declared innocent by the police and consequently the previous application, i.e. CRM-M No.30412 of 2020, for anticipatory bail had been withdrawn on 13.01.2021. He further contends that co-accused, Satpal Singh @ Satta Singh, Gurdev Singh and Bagicha Singh have been granted anticipatory bail by the Coordinate Bench of this Court.

4. This Court, by order dated 28.04.2021 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.

5. Learned State counsel, upon instructions from SI Major Singh, states that the petitioner has been declared innocent after investigation and is not required for custodial interrogation.

6. In view of the above, the order dated 28.04.2021 granting interim bail to the petitioner is made absolute.

7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

8. The petition stands disposed of.

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