Gagandeep Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:24.09.2021 Gagandeep Singh ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. S.S Swaich, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.63 dated 09.06.2019 registered under Section 420 IPC at Police Station Mukerian, District Hoshiarpur.

Notice of motion was issued on 05.03.2020 and arrest of the petitioner was stayed. Thereafter, on 01.07.2021, following order was passed:- "The case has been taken up for hearing through video-conferencing.

Factum of execution of affidavit has been denied by the petitioner. The genuineness of affidavit would be gone into by the Court at the relevant time subject to the evidence led by the complainant in this

regard. Complainant has not filed any complaint under Section 138 of Negotiable Instructions Act in respect of dishonouring of cheuqe.

Notice of motion was issued on 05.03.2020 along with stay of arrest of the petitioner.

Adjourned to 24.09.2021.

In view of the controversy involved, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 14.07.2021 at 11:00 AM and in the event of his arrest, he shall be enlarged on interim bail, on his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

It is made clear that grant of interim order shall not be taken to be an expression on merits of the case in any manner. The case shall be considered on merits on the adjourned date."

Learned counsel for the petitioner submits that in compliance of the order dated 01.07.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Jasbir Singh submits that the petitioner has joined the investigation and he is no more required for further investigation in the case. In view of above, the interim order dated 01.07.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the

conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of.

(RAJ MOHAN SINGH) 24.09.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No