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High Court of Punjab and HaryanaCRM-M/7000/2021disposed of

Rajpal Singh v. State Of Punjab And ORS

2021-09-20Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7000-2021(O&M) Date of decision : 20.09.2021 Rajpal Singh ... Petitioner(s)

Versus

State of Punjab and others ... Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Ashish Soi, for the petitioner.

Ms. Jaspreet Singh, AAG Punjab.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

On 01.03.2021, the following order was passed:- "Heard through video conferencing.

This is the second petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.139 dated 03.05.2020 under Sections 307, 324, 326, 506, 34 of the Indian Penal Code, 1860 (IPC) and Section 25 of the Arms Act, 1959 registered at Police Station Sadar Amritsar.

Learned counsel for the petitioner would contend that two coaccused have since been granted the concession of anticipatory bail by this Court. He has further contended that during the pendency of the case one of the accused, namely, Ravi has since expired. It is further contended that on 29.01.2021 the parties have entered into a compromise, a copy of which has been appended as Annexure P-4 with the petition. Notice of motion.

On the asking of the Court, Mr. Ramandeep Sandhu, Senior Deputy Advocate General, Punjab has joined the session through video conferencing (VC) and accepts notice on behalf of respondent No.1. Mr. H.S. Sidhu, Advocate has put in appearance through VC on behalf of Nos.2 and 3. In the present case, as per Annexure P-4, the parties have YOGESH SHARMA 2021.09.21 09:47 I attest to the accuracy and integrity of this document

CRM-M-7000-2021(O&M) -2entered into a compromise and whether the offence under Section 307 IPC is attracted or not in the instant case would be a debatable question which shall be gone into during the course of the trial. The two co-accused were also granted anticipatory bail by this Court and thereafter one of them, namely, Ravi has since expired.

List on 03.05.2021.

Meanwhile, the petitioner is directed to join investigation before the Investigating Officer and would come present as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

Learned counsel for the petitioner has contended that pursuant to order dated 01.03.2021 the petitioner has since joined the investigation and has fully co-operated with the Investigating Officer. Learned counsel for the State, on instructions from ASI Raj Kumar, has stated that the petitioner has since joined the investigation and that he is no longer required for further investigation as of now. In view of the above, the order dated 01.03.2021 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. Disposed off accordingly.

20.09.2021 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2021.09.21 09:47 I attest to the accuracy and integrity of this document