Simarjit Singh v. State Of Punjab

CRM-M-20498-2017 and CRM-M-22229-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

1. Crl. Misc. No.M-20498 of 2017 (O&M) Date of Decision: September 25, 2017 Simarjit Singh ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

2. Crl. Misc. No.M-22229 of 2017 (O&M) Nirmal Singh ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Karandeep S.Sidhu, Advocate for the petitioner in both the petitions.

Mr. Luvinder Sofat, A.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Both the petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No. 31 dated 27.04.2017 registered for the offence punishable under Section 420 of Indian Penal Code at Police Station Cantt Ferozepur. Heard.

Learned State counsel on instructions from ASI Boota Singh submits that petitioners have joined the investigation which is still in Jyoti 2017.09.26 16:59 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-20498-2017 and CRM-M-22229-2017 -2progress but their custodial interrogation is not required for the purpose of further investigation. As per the allegations in the FIR, the complainant had paid an amount of `65,000/- to petitioners Nirmal Singh and Simarjeet Singh, for releasing his son, who has been picked up by CIA Staff, Ferozepur. The veracity of his statement is being verified during investigation.

Keeping in view the above but without expressing any opinion on the merits of the case, both these petitions are allowed and the order dated 01.06.2017 passed in CRM-M-20498-2017 and order dated 19.06.2017 passed in CRM-M-22229-2017 are made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court.

(iv) that the petitioners will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) September 25, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.09.26 16:59 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH