Gurwinder Singh Alias Gogi v. State Of Punjab

212-2 2024:PHHC:019175

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2636-2024 Date of decision : 12.02.2024 GURWINDER SINGH ALIAS GOGI ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Balbir S. Jaswal, Advocate for the petitioner. Mr. Vishavjit S. Virk, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 18.01.2024, the following order was passed :- "Apprehending his arrest in FIR No.72 dated 13.04.2023, registered for offences punishable under Sections 336/506/148/149 IPC and Sections 25/27 of Arms Act (offence under Sections 307/120-B IPC added later on vide DDR No.25 dated 14.04.2023) at Police Station Jandiala, District Amritsar, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail.

Ld. Counsel for the petitioner inter alia relies upon the order dated 04.12.2023 passed by this Court in CRM-M-607162023 whereby co-accused Sarabjeet Singh @ Sarbjeet Singh stands admitted to interim protection.

Issue notice of motion, returnable for 12.02.2024. To be heard along with CRM-M-60716-2023.

Mr. Tarun Aggarwal, Sr. DAG, Punjab and accepts notice on behalf of the respondent/State.

Interim order in the same terms as in CRM-M-607162023." Deepak Kumar 2024.02.13 14:29 I attest to the accuracy and integrity of this document

CRM-M-2636-2024 -2- 2024:PHHC:019175 2.

Today, Ld. State Counsel on instructions from Mr. ASI Dalwinder Singh submits that the petitioner has already joined investigation and is no more required for custodial interrogation. 3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 18.01.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 4.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

6.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

7.

It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

February 12, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.02.13 14:29 I attest to the accuracy and integrity of this document