High Court of Punjab and HaryanaCRM-M/21006/2016allowed

Deepinder Singh & ORS v. State Of Punjab

2016-07-08Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-21006 of 2016 .....

Date of decision:8.7.2016 Deepinder Singh and others .....Petitioners v.

State of Punjab .....Respondent ....

Present:

Mr. Eklavya Gupta, Advocate for Mr. Ashok Gupta, Advocate for the petitioners.

Mr. P.S. Grewal, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioners have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.68 dated 20.6.2015 registered for the offences under Sections 447, 511, 336, 506, 427, 379, 148 and 149 IPC and Sections 25 and 27 of the Arms Act at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib. Notice of motion has been issued in this case. Mr. P.S. Grewal, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioners and learned Deputy Advocate General, Punjab appearing for the respondent-State and have gone through the record.

HARPAL SINGH PARMAR 2016.07.11 17:48 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-21006 of 2016 [2] The petitioners have already joined the investigation in view of the interim order dated 14.6.2016, but as argued by the learned State counsel, no recovery has been effected from them. The petitioners are not named in the FIR. As per the allegations, the complainant Darshan Singh was looking after the land and house of Kaku Singh. Sister and brother-inlaw of said Kaku Singh in connivance with their relatives implicated the complainant party in some false case and it is alleged that on 8.5.2015 they armed with lethal weapons had attempted to have possession over the land belonging to said Kaku Singh and stolen ploughing articles lying in his fields.

Keeping in view the facts and circumstances of the present case and in view of the fact that the petitioners are not named in the FIR and they have already joined the investigation and no more required for further interrogation or investigation purposes, no useful purpose will be served by sending the petitioners to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 14.6.2016 passed by this Court granting interim bail to the petitioners is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. July 8, 2016.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2016.07.11 17:48 I attest to the accuracy and authenticity of this document Chandigarh