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High Court of Punjab and HaryanaCRM-M/2052/2023allowed

Gurlal Singh Alias Buta Singh v. State Of Punjab

2023-04-20Mr. Justice Gurbir Singh2 pages

2023:PHHC:055401

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-2052-2023 Date of decision: 20.04.2023 GURLAL SINGH ALIAS BUTA SINGH

...Petitioner(s)

VERSUS

STATE OF PUNJAB

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. S.S. Maini, Advocate for the petitioner.

Ms. Himani Arora, AAG Punjab.

**** GURBIR SINGH , J. (ORAL) The prayer in the present petition filed under Section 438 Cr.P.C is for grant of anticipatory bail to the petitioner in case FIR No.0182 dated 01. 09.2022 (Annexure P-1) under Section 379 of IPC and Section 411 IPC added vide DDR No. 75 dated 01.09.2022 registered at Police Station City Kotakpura, District Faridkot.

On 16.01.2023, the following order was passed:- "Prayer in this petition is for grant of anticipatory bail to the petitioner in case bearing FIR No.0182, dated 01.09.2022, under Section 379 of IPC and Section 411 of IPC added vide DDR No.75 dated 01.09.2022, registered at police station City Kotakpura, District Faridkot.

Learned counsel for the petitioner states that the petitioner was not named in the FIR. Later on, he was nominated in this case on the basis of disclosure statement of co-accused after adding Section 411 of IPC.

KUSUM 2023.04.21 09:20 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

2023:PHHC:055401 CRM-M-2052-2023 -2Notice of motion.

At the asking of the Court, Mr. Jaiteshwar S. Bhandari, AAG, Punjab, appears and accepts notice on behalf of the respondentState. A copy of the paper book be supplied to him during the course of the day. On asking, he submits that as on today, no further evidence is collected except the disclosure statement.

Adjourned to 20.04.2023.

Meanwhile, in the eventuality of arrest of the petitioner in the instant case, he shall be enlarged on interim bail subject to his furnishing personal bond/surety bond to the satisfaction of Investigating Officer/Arresting Officer. The petitioner shall join the investigation as and when called upon to do so by the Investigating Agency. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit." Learned State counsel, on instructions from ASI Naginder Singh, 528, Faridkot submits that in compliance of the order dated 16.01.2023 the petitioner has already joined the investigation and he is not required for any custodial interrogation.

In view of above, the order dated 16.01.2023 granting interim bail to the petitioner, is made absolute. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit. Petition is disposed of accordingly.

(GURBIR SINGH) JUDGE 20.04.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.04.21 09:20 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD