Vipin Goyat v. State Of Punjab

2024:PHHC:023932 [216]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-806-2024 Date of Decision : 21.02.2024 Vipin Goyat

...Petitioner

versus State of Punjab ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Atul Ravish, Advocate for the petitioner. Mr. Amandeep Singh Sandhu, DAG, Punjab.

*** DEEPAK GUPTA, J. (ORAL) [1] On 09.01.2024, the following order was passed by this Court:- " Present:

Mr. Atul Ravish, Advocate for the petitioner. **** Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.72 dated 25.08.2023 registered under Sections 21, 22, 29 of NDPS Act, 1985 and 25 of Arms Act, 1959 registered at Police Station Dhakoli, District SAS Nagar, Mohali. As per prosecution allegations, initially 03 persons namely Nitish Bishnoi, Salim and Abhijeet Dhiman were apprehended and from their respective possessions, separate recoveries were effected including that of one pistol, Rs.35,000/- as drug money besides two live cartridges. On the basis of disclosure statement suffered by them, 03 more accused including Ravi Kant Sharma and Deepak Gupta were nominated and separate recoveries were effected from them.

Learned counsel contends that petitioner has been nominated to be the supplier by co-accused Deepak Gupta. Learned counsel further contends that petitioner has been falsely implicated because petitioner had earlier filed a complaint wayback in 2019 against Deepak Gupta and his mother under Section 138 of the Negotiable Instruments Act. copy of which is Annexure P-6 and which is still pending. It is because of the filing of that complaint against co-accused Deepak Gupta that petitioner has been nominated. Learned counsel has also pointed out that co-accused Ravi Kant Sharma and Deepak Gupta have already been given the benefit of regular bail by this Court vide order dated 01.12.2023 (Annexure P-4). Another co-accused Abhijeet Dhiman was allowed regular bail vide order dated 16.11.2023 passed in CRM-MRAJNEESH SHARMA 2024.02.21 05:22 I attest to the accuracy and integrity of this document 56283-2023 (Annexure P-3).

2024:PHHC:023932 CRM-M-806-2024 -2Notice of motion.

Ms. Kanica Sachdeva, AAG, Punjab accepts notice on behalf of respondent- State.

Adjourned to 21.02.2024.

In the meantime, in case of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C. " [2] Today, learned State Counsel, on instructions from ASI Mewa Singh, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 09.01.2024 and is no longer required for further investigation.

[3] In view of the aforesaid, the order dated 09.01.2024, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

[4] Disposed of.

(DEEPAK GUPTA) JUDGE 21.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.21 05:22 I attest to the accuracy and integrity of this document