Owaish @ Owais Jahid vs State Of Punjab on 20 February, 2024

Punjab-Haryana High Court

Owaish @ Owais Jahid vs State Of Punjab on 20 February, 2024

Author: Mahabir Singh Sindhu

Bench: Mahabir Singh Sindhu

                                                       Neutral Citation No:=2024:PHHC:023606




CRM-M-6090-2024                                Neutral Cita on: 2024:PHHC:023606



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        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                               CRM-M-6090-2024 (O&M)
                                               Date of decision : 20.02.2024

Owaish @ Owais Jahid                                     ...Petitioner(s)

                                  Versus

State of Punjab                                          ...Respondent(s)


CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:     Mr. Mohit Kumar, Advocate,
             for the petitioner.

             Mr. Neeraj Madaan, Sr. DAG, Punjab,
             assisted by ASI Sheesh Pal.


MAHABIR SINGH SINDHU, J.

Petition under Section 438 of the Code of Criminal

Procedure, 1973 has been filed for grant of pre-arrest bail to the

petitioner in FIR No.0047 dated 29.04.2023, under Sections 458, 323,

506, 427, 336, 148 read with Section 149 of the Indian Penal Code,

1860; and Section 25 of the Arms Act, 1959, registered at Police

Station Sadar Ahmedgarh, District Malerkotla.

2. Allegations are that petitioner along with other co-accused

fired gunshots in air; trespassed into the house of complainant; and

caused injuries to him with deadly weapons with an intention to kill

him.

3. This Court, on 05.02.2024, granted interim bail to

petitioner and relevant part of the same reads as under:-

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“Contends, inter alia, that all the injuries attributed to
petitioner are declared to be simple in nature; there is no other
criminal case pending against the him. Moreover, co-accused-Abrar
@ Bablu Gujjar with similar allegations has already been granted
concession of interim pre-arrest bail by this Court vide order dated
17.11.2023 passed in CRM-M-57147-2023.

Notice of motion.

Mr. Joginder Pal Ratra, Sr. DAG, Punjab, accepts notice on
behalf of the respondent-State and seeks time to have instructions
and/or file written response in the matter.

Posted for 20.02.2024.

To be heard along with CRM-M-57147-2023.
In the meanwhile, petitioner shall join investigation before
the Investigating Officer. In the event of his arrest, the Arresting
Officer would admit him to interim bail, till the next date of hearing,
on furnishing adequate bail and surety bonds to his satisfaction. The
petitioner shall also abide by all the conditions as envisaged under
Section 438(2) of the Code of Criminal Procedure, 1973.”

4. Contends that in terms of the aforesaid order, petitioner

has already joined investigation and his custodial interrogation is not

required.

5. Above factual position is duly acknowledged by learned

State Counsel, on instructions from the Police Officer present in Court

and further stated that custodial interrogation of the petitioner is not

required at this stage.

6. In view of above, interim order dated 05.02.2024 is made

absolute subject to the conditions as envisaged under Section 438(2)

Cr.P.C.

7. It is also made clear that petitioner shall fully co-operate

with the Investigating Officer as and when called for further

investigation.

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8. The above observations may not be construed as an

expression of opinion on merits of the case; rather confined only to

decide the present bail matter.

9. Disposed off accordingly.

10. Pending application(s), if any, shall also stand disposed

off.

20.02.2024                                                 (MAHABIR SINGH SINDHU)
atulsethi                                                          JUDGE

            Whether speaking / reasoned :                           Yes             No

            Whether Reportable :                                    Yes             No

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