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High Court of Punjab and HaryanaCRM-M/592/2019allowed

Jasvir Singh @ Pala Singh v. State Of Punjab

2019-04-03Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.592 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.592 of 2019 Decided on: 03.04.2019 Jasvir Singh @ Pala ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.112 dated 04.09.2018 registered under Sections 332, 224, 225, 353, 186 and 149 of the Indian Penal Code (in short 'IPC') at Police Station Subhanpur, District Kapurthala.

The operative part of the order dated 10.01.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that the FIR has been registered at the instance of Head Constable Sarabjit Singh that when he along with other police officials had gone to arrest one Paramjit Singh @ Pamma, brother of the petitioner, who was declared a proclaimed offender in FIR No.30 dated 05.04.2016 under Section 21/61/85 of the NDPS Act registered at Police Station Subhanpur, the family members of the aforesaid Paramjit Singh @ Pamma obstructed the process of law and got MOHD YAKUB 2019.04.03 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.592 of 2019 him released from the police party. It is further argued that later on, Paramjit Singh @ Pamma already stands arrested and relied upon the interim orders (Annexures P2/1 to P2/6) to submit that he is regularly facing the trial and is in judicial custody. Counsel for the petitioner has also submitted that, in fact, on account of the aforesaid incident, the entire family of the petitioner has been involved and the petitioner was not present at the spot and there is no injury to any police official.

Notice of motion for 03.04.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 10.01.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Sukhdev 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 10.01.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 03.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.03 16:43 I attest to the accuracy and authenticity of this document High Court, Chandigarh