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High Court of Punjab and HaryanaCRM-M/2747/2021allowed

Sahil Sachdeva v. State Of Punjab

2021-04-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2747-2021 (O&M) Date of Decision:-5.4.2021 Sahil Sachdeva ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dheeraj Narula, Advocate for the petitioner. Mr. Sandeep Singh Deol, DAG, Punjab, assisted by ASI Pritpal Singh.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.75 dated 22.5.2020 at Police Station City Jalalabad, District Fazilka, Punjab under Sections 22 and 29 of NDPS Act, wherein offence under Section 25 of NDPS Act was added later on. 2.

At the time of issuance of notice of motion the following order was passed on 21.1.2021:

" Learned counsel for the petitioner contends that pursuant to a secret information, Gaurav Paruthi and Paramjit Singh were initially arrested and from whose possession 40000 tablets of 'Tramadol' were recovered and upon their disclosure statement two more accused namely Gaurav Doomra and Gurjit Singh were arrested. It has been submitted that thereafter on the basis of disclosure statement made by Gurjit Singh, Dheeraj Kumar and Avinesh Kumar were also nominated PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-2747-2021 (O&M) as an accused and thereafter pursuant to disclosure statement made by Avinesh Kumar one Sunil Singh was also involved as an accused. It has been submitted that subsequently the prosecution alleges that the name of the petitioner has also surfaced during investigation and, as such, the petitioner apprehends his arrest. It has been submitted that the petitioner having been nominated on the basis of multiple disclosure statements, the veracity of which would be debatable, is entitled to grant of anticipatory bail.

Notice of motion for 5.4.2021.

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 Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel, upon instructions from ASI Pritpal Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required. It has further been informed that the petitioner is not wanted in any other case.

4.

In view of the aforestated position, the petition is accepted and the interim directions issued by this Court vide order dated 21.1.2021 are hereby made absolute subject to the condition that the petitioners 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.

5.4.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.04.05 18:17 I attest to the accuracy and integrity of this document