Sandeep Singh Alias Sandeep Kumar Alias Sonu v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 26.5.2022 Sandeep Singh @ Sandeep Kumar @ Sonu .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amarpreet Singh, Advocate, for the petitioner. Mr. Sandeep Singh Deol, DAG, Punjab, assisted by HC Avtar 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.258, dated 1.12.2021, Police Station Canal Colony, Bathinda, under Section 304 IPC and Section 29 of NDPS Act. 2.

At the time of issuance of notice of motion the following order was passed on 13.1.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.258, dated 1.12.2021, Police Station Canal Colony, Bathinda, under Section 304 IPC and Section 29 of NDPS Act.

As per the allegations levelled by the complainant, her son had fallen in bad company and that Manoj Kumar got complainant's son addicted to drugs. It is alleged that on

- 2 - 29.11.2021, her son went along with Manoj Kumar but did not return back. On 1.12.2021, dead body of complainant's son was recovered. The complainant further alleged in the FIR that a few days back her son had informed that Manoj Kumar used to procure the drugs from petitioner Sandeep Singh as well as from one Raj Rani.

Learned counsel for the petitioner has submitted that there is no direct allegation against the petitioner and that a mere assertion by the complainant that the petitioner used to supply drugs to Manoj Kumar which were ultimately consumed by the complainant's son, without there being any concrete evidence that the petitioner indeed was indulging in drugs cannot be made a basis for fastening any kind of liability upon the petitioner.

Notice of motion for 26.5.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from HC Avtar 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 involved in any other case.

4.

Having regard to the aforestated position wherein the petitioner has joined investigation and is not required for any custodial

- 3 - interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 13.1.2022 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.

26.5.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No