Harpinder Singh v. State Of Punjab

2024:PHHC:026985 [211]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1754-2024 Date of Decision : 27.02.2024 Harpinder Singh

...Petitioner

versus State of Punjab ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Ashish Gupta, Advocate for the petitioner. Mr. Sahil R. Bakshi, DAG, Punjab.

*** DEEPAK GUPTA, J. (ORAL) [1] Status report by way of affidavit dated 26.02.2024 of Shri Amarjit Singh, PPS, Deputy Superintendent of Police, Dharamkot, District Moga, on behalf of the respondent-State has been filed in Court today. The same is taken on record. Copy thereof has been supplied to learned counsel opposite.

[2] On 12.01.2024, the following order was passed by this Court:- " Present:

Mr. Ashish Gupta, Advocate with Mr. Varun Gupta, Advocate for the petitioner.

**** Prayer in this petition is for grant of anticipatory bail under Section 438 Cr.P.C in case FIR No.186 dated 16.12.2023 registered under Sections 341, 323, 336, 148, 149 of the IPC, 1860 & Sections 25, 27 of Arms Act, 1959 registered at Police Station Kot Ise Khan, District Moga. As per allegations on 15.12.2023, Happy son of Gurmel Singh, Monti, son of Lakhvir Singh, Sanju son of Anil and Aakash son of Sonu along with 15-20 unknown persons came on a motorcycle armed with deadly weapons, encircled the complainant Gurpartap Singh and with an intention to kill, Happy son of Gurmel Singh opened fired at him but the fire missed. Assailants also caught hold of the complainant and 2 - 3 assailants fired in the air.

RAJNEESH SHARMA 2024.02.27 05:22 I attest to the accuracy and integrity of this document

2024:PHHC:026985 CRM-M-1754-2024 -2It is contended by learned counsel that petitioner is not named in the FIR; that no injury whatsoever was caused to the complainant even as per the FIR; that petitioner has been falsely implicated and that he is ready to join the investigation. Notice of motion.

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

Adjourned to 27.02.2024. Status report be filed. 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." [3] Today, learned State Counsel, on instructions from ASI Nachhatar Singh, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 12.01.

2024 and is no longer required for further investigation. [4] In view of the aforesaid, the order dated 12.01.2024, 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.

[5] Disposed of.

(DEEPAK GUPTA) JUDGE 27.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.27 05:22 I attest to the accuracy and integrity of this document