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High Court of Punjab and HaryanaCRM-M/14079/2022allowed

Daljit Singh @ Tony v. State Of Punjab

2022-08-09Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-14079-2022 (O&M) Date of Decision:-9.8.2022 Daljit Singh @ Tony ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Prateek Pandit, Advocate for the petitioner. Mr. Harpreet S. Multani, AAG, Punjab, assisted by ASI Raj Kumar.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.191 dated 18.8.2018, Police Station Sadar Ludhiana, District Ludhiana, under Sections 307, 34 of Indian Penal Code and Section 25 of Arms Act.

2.

As per the case of prosecution, a secret information was received to the effect that five persons had fired at Harmail Singh with an intention to kill him and that somehow Harmail Singh managed to rescue himself. 3.

Learned counsel for the petitioner submits that a false FIR has been lodged against the petitioner and others and infact nobody was ever injured and subsequently the police has even arrayed Harmail Singh as an accused. 4.

Learned State counsel, upon instructions from ASI Raj Kumar, has informed that pursuant to interim directions, the petitioner has since joined PANKAJ KAKKAR 2022.08.09 17:28 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-14079-2022 (O&M) investigation and is not required for any custodial interrogation. It has further been informed that the petitioner is involved in two other cases. 5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the fact that it is a case based on secret information, wherein the accused are alleged to have fired at Harmail Singh but infact nobody was found to be injured and the said Harmail Singh was later on implicated as an accused and while also noticing that the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 18.4.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 9.8.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.08.09 17:28 I attest to the accuracy and authenticity of this document