Gurdeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- Date of Decision : 15.02.2022 Gurdeep Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Baljinder Singh, Advocate for Mr. Prateek Pandit, Advocate for the petitioner. Mr. H.S. Multani, DAG Punjab.

ALKA SARIN, J. (Oral) Taken up through video conferencing.

This is a petition filed under Section 438 CrPC for grant of anticipatory bail to the petitioner in FIR No.58 dated 11.05.2021 registered under Sections 406, 420 of the Indian Penal Code, 1860 at Police Station Rahon, District Shaheed Bhagat Singh Nagar (Nawanshahr).

On 12.01.2022, the following order was passed:- "

Taken up in virtual mode.

Learned counsel for the petitioner would contend that the Trial Court has granted anticipatory bail to all the co-accused.

However, the petitioner's anticipatory bail has been rejected only on the ground that he is the main accused in the case. The learned counsel would further contend that there is no other case pending against the petitioner. The further contention is that the only allegation against the petitioner is that the petitioner had accompanied

-2Rakesh Kumar, who had given the inducement for sending the complaint's son abroad.

Notice of motion.

On the asking of the Court, Mr. H.S. Multani, AAG Punjab has joined the session through video conferencing and accepts notice. Learned State counsel, on instructions from ASI-Ranjit Singh, contends that the petitioner is the main accused in the present case. He, however, is not in a position to deny that there is no other case pending against the petitioner and seeks some time to file a status-report. List on 15.02.2022.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

Learned counsel for the petitioner has stated that the petitioner has since joined the investigation and has fully co-operated therewith the investigation.

Learned counsel for the State, on instructions from ASI Sikandar Singh, has stated that the petitioner has since joined investigation and that he is not required for custodial interrogation as of now.

In view of the above, the order dated 12.01.2022 is made absolute. The petitioner shall, however, join investigation as and

-3- when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973.

Disposed off accordingly.

February 15, 2022 ( ALKA SARIN ) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO