Hakam Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 210/3 CRM-M-6621-2025 Date of decision: May 15th, 2025 Hakam Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Kashish Garg, Advocate for the petitioner.

Mr. H.S. Deol, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.126 dated 22.11.2024 under Sections 105 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 registered at Police Station Joga, District Mansa.

2.

Vide order dated 05.02.2025, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner, inter alia, contends that the deceased was found lying on the outskirts of the village along with an empty syringe besides him, which had been allegedly used to administer drugs to him. It has been argued by the learned counsel that there is no eyewitness to the occurrence in question and only because the petitioner is involved in a case under the NDPS Act, he along with five other persons have been nominated as accused on the allegations that it was the petitioner, who after conniving with all the coPUNEET SACHDEVA 2025.05.15 15:56 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-6621-2025 -2accused, forcibly administered some intoxicant to him. It has also been asserted that as per the Post Mortem Report of the deceased also there were no physical injuries reflected on his person, hence, there was no question of the deceased being forcibly administered drugs." 3.

Learned counsel for the petitioner submits that in compliance of order dated 05.02.2025, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 05.02.2025, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

May 15th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.05.15 15:56 I attest to the accuracy and integrity of this document Chandigarh