Hakam Singh Alias Jaggi v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-1157-2022 (O&M) Date of Decision:- 11.7.2022 Hakam Singh @ Jaggi .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. J.K.Singla, Advocate, for the petitioner. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Sewak Singh.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.130, dated 29.12.2021, under Sections 15, 25, 29 of NDPS Act, 1985 at Police Station Joga, District Mansa.

2.

At the time of issuance of notice of motion the following order was passed on 12.1.2022:

"This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.130, dated 29.12.2021, registered under Sections 15, 25, 29 of NDPS Act, 1985 at Police Station Joga, District Mansa.

Counsel appearing on behalf of the petitioner would submit that the petitioner has been falsely implicated in the present case. He was nominated as an accused on the MOHAN SINGH 2022.07.11 05:55 I attest to the accuracy and authenticity of this document

- 2 - CRM-M-1157-2022 (O&M) disclosure statement of co-accused from whose possession 10 Kg of Poppy Husk was recovered. He was neither on the spot nor named in the FIR.

Notice of motion for 11.07.2022.

In the meanwhile, the petitioner is directed to join the investigation within a period of one week and on his doing so, the petitioner be released on interim bail subject to his furnishing personal/surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Sewak Singh, has informed that pursuant to interim directions, the petitioner has joined investigation and is not required for custodial interrogation. It has also been informed that the petitioner is not wanted in any other case. 4.

Having regard to the aforestated position wherein the petitioner has joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 12.1.2022 is hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

11.7.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2022.07.11 05:55 I attest to the accuracy and authenticity of this document