Sukhwinder Singh @ Sukha v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:26.08.2021 Sukhwinder Singh @ Sukha ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Rajvir Singh, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

While granting interim protection to the petitioner on 29.01.2021, this Court passed the following order:- "Prayer in this petition is for grant of anticipatory bail to the petitioner in case FIR No.63 dated 01.08.2020 under Section 306 of the Indian Penal Code, 1860 registered at Police Station Sherpur, District Sangrur, Punjab.

Learned counsel for the petitioner contends that the petitioner is not even remotely connected with the suicide committed by the deceased-Balbir Singh @ Bira. He further submits that in

{2} fact the deceased had climbed the tower under the influence of liquor and fell to his death on 01.08.2020. He further submits that in the case in hand the basic ingredients to attract the mischief of Section 306 of the Indian Penal Code, 1860 are clearly amiss.

Notice of motion.

On the asking of Court, Mr. H.S. Multani, Assistant Advocate General, Punjab accepts notice on behalf of the respondentState. Meanwhile, petitioner is directed to join the investigation as and when required by the investigating officer. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Code of Criminal Procedure, 1973.

Adjourned to 07.05.2021."

Learned State counsel, on instructions from ASI Ram Singh submits that the petitioner has joined investigation and is no longer required for custodial interrogation as the challan has been presented. Upon further instructions, he submits that the petitioner is not involved in any other criminal case.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated

{3} 29.01.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE August 26, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No