Jora Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- March 09, 2021 Jora Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Karandeep S. Sidhu, Advocate for the petitioner. Mr. J.S. Ghuman, DAG, Punjab.

*** The case has been taken up through Video Conferencing. This petition for pre-arrest bail has been filed by petitioner Jora Singh, aged about 21 years, son of Bakshish Singh, resident of Village Chak Khunder, Tehsil and District Ferozepur, an accused in F.I.R No. 15 dated 3.3.2020 under Sections 379, 411, 483, 482 IPC registered with Police Station Mamdot, District Ferozepur.

Briefly stated the prosecution story is that in pursuance of receipt of secret information that petitioner Jora Singh along with Surjit Singh @ Rustam, Amarjit Singh @ Chini and Gagandeep Singh @ Gagan were in habit of stealing motorcycles affixing fake number plates and selling those for monetary gage, a shed of grain market was raided. Surjit Singh @ Rustam, Amarjit Singh @ Chini and Gagandeep Singh @ Gagan were arrested and 18 stolen motorcycles were recovered from their possession.

During the course of investigation in the F.I.R apprehending his

arrest, Jora Singh had approached the Court of Sessions at Ferozepur seeking pre-arrest bail. His such application was, however, dismissed by the learned Sessions Judge, Ferozepur vide order dated 19.3.2020. Thereafter, he has approached this Court craving for grant of similar relief, notice of which has been given to the State.

I have heard learned counsel for the petitioner and learned State counsel besides going through the record.

Learned counsel for the petitioner has contended that petitioner has been named in this case on the basis of suspicion only; the petitioner is not having any past criminal record and he has since joined the investigation in pursuance to the direction issued to him by this Court on 19.1.2021 and no recovery is to be effected from him, therefore, his petition be accepted. Learned State counsel on instructions from ASI Sukhdev Raj has conceded the fact of petitioner having joined the investigation further stating that since no recovery is to be effected from him, his custodial interrogation is not required.

Under such circumstances, the interim bail granted to the petitioner on 19.1.2021 is made absolute, subject to the following conditions :- (i) he shall join the investigation as and when so directed. (ii) he shall appear in the Court on each and every date of hearing.

(iii) he shall not give any threat or intimidation to the prosecution witnesses.

(iv) he shall not leave India without prior permission of the Court.

(v) he shall surrender his Passport before the Investigating Officer and if he is not having Passport

then shall file the affidavit in that regard. In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.

The petition stands allowed accordingly.

(H.S. MADAAN) JUDGE March 09, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No