Darshan Singh v. State Of Punjab

CRM-M-3229-2019(2 petitions) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-3229 of 2019 (O&M) Date of Decision: September 02, 2019 Darshan Singh ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

(2) Crl. Misc. No.M-3999 of 2019 (O&M) Vir Singh and others ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vikas Sonak, Advocate for Mr. Surinder Garg and Mr. A. S. Sekhon, Advocates for the petitioner (s).

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

Mr. Sukhraj Singh Sandhu, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) Both the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.6 dated 09.01.2019 registered for the offence punishable under Sections 442, 447, 436, 379 read with Section 149 of Indian Penal Code, at Police Station Sadar Faridkot. SACHIN MEHTA 2019.09.03 11:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-3229-2019(2 petitions) -2Heard.

Learned State counsel submits that police has taken disciplinary action against ASI Balwinder Singh, found him guilty and punishment of forfeiture of one year service has been imposed on him. He further submits that petitioners have joined the investigation, which is still in progress but their custodial interrogation is not required for the purpose of further investigation.

In view of submission of learned State counsel but without expressing any opinion on the merits of the case, both these petitions are allowed. Order dated 25.03.2019 passed in both the petitions are made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court;

(iv) that the petitioners will seek regular bail on presentation of challan in Court.

( SURINDER GUPTA ) September 02, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.09.03 11:16 I attest to the accuracy and authenticity of this document High Court, Chandigarh