Parwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-797-2024 (O&M) Date of decision : 30.04.2024 Parwinder Singh

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Atinderpal Singh, Advocate, for the petitioner.

Ms. Manjot Kaur, AAG, Punjab, assisted by ASI Paramjit Singh.

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.67 dated 19.06.2023, under Sections 307, 341, 506, 148 read with Section 149 (Section 326 added subsequently) of the Indian Penal Code, 1860, registered at Police Station Valtoha, District Tarn Taran.

2.

Allegations are that petitioner along with other co-accused caused injuries to Gurbhej Singh, nephew of the informant-Sukhdev Singh.

3.

Contends that this Court, granted interim bail to petitioner on 19.03.2024 and in terms thereof, he has already joined the investigation and his custodial interrogation is not required. -1-

4.

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.

5.

Heard learned counsel for the parties and perused the paper-book.

6.

It is an admitted position that petitioner was granted interim bail by this Court on 19.03.2024 and relevant part of the same is recapitulated as under:- "Learned Counsel for the petitioner, while making reference to the affidavit dated 30.01.2024 of Sh. Preetinder Singh, DSP, Sub Division Valtoha, Camp at Bhikhiwind, District Tarn Taran, contends, inter alia, that there is no allegation against the petitioner regarding his complicity except the supplementary statement of injured-Gurbhej Singh, recorded after a gap of 13 days. Faced with the above predicament, learned State Counsel seeks time to have further instructions in the matter. Posted for 30.04.2024.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of arrest, the Arresting Officer would admit him to interim bail in the present case, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure, 1973."

7.

It is acknowledged by learned State counsel that in pursuance of above order, petitioner has joined the investigation and his custodial interrogation is not required at this stage. -2-

8.

In view of above, interim order dated 19.03.2024 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

9.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

10.

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.

11.

Disposed off accordingly.

12.

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

30.04.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-