Gurpreet Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5280-2021 (O&M) Date of Decision:-19.8.2021 Gurpreet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Harmanpreet Sehgal, Advocate for the petitioner. Mr. Ramdeep Partap, DAG, Punjab, assisted by ASI Kewal 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.147 dated 16.11.2018 at Police Station Sadar Malout, District Sri Muktsar Sahib, Punjab under Sections 295-A, 341 and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion on 5.2.2021, the following order was passed:

"Learned counsel for the petitioner submits that a false FIR has been lodged by the complainant as co-accused Gurwinder Singh suspected that the complainant was having illicit relations with his wife. Learned counsel has further submitted that in fact the PANKAJ KAKKAR 2021.08.19 19:09 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-5280-2021 (O&M) allegations do not seem plausible inasmuch as all the accused themselves profess Sikh religion. It has further been submitted that it is the main accused Gurwinder Singh, who is alleged to have cut the hair of the complainant, who has already been granted regular bail and that the allegation against the petitioner is only that he had caught hold the complainant.

Notice of motion for 30.04.2021.

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

3.

Learned State counsel, upon instructions from SI Mukesh Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and is not required for any custodial interrogation. 4.

In view of the aforestated position, wherein the petitioner has joined investigation and the allegations are not such, which would justify his custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 5.2.2021 are hereby made absolute, subject to the condition that the petitioner 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. 19.8.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.08.19 19:09 I attest to the accuracy and integrity of this document