Gurdeep Singh v. State Of Punjab

CRM-M No.12302 of 2020(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.12302 of 2020(O&M) Date of Decision: May 22 , 2020.

Gurdeep Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Yashpal Thakur, Advocate for the petitioners.

Ms. Rashmi Attri, AAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This matter is being taken up for hearing through video conferencing due to the outbreak of the pandemic, COVID-19. Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.69 dated 05.08.2019, under Sections 323/341/379B/506/ 34 IPC, Police Station Khamano, District Fatehgarh Sahib. It is contended that the petitioner was not even aware of the registration of this FIR on 05.08.2019 against him and he has been residing at his residence ever since. It is further submitted that there was some dispute OMKAR SINGH 2020.05.22 15:58 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M No.12302 of 2020(O&M) [2] regarding money between the complainant and co-accused of the petitioner, namely Gurmeet Singh @ Guri, who has been afforded the concession of anticipatory bail by the learned Sessions Judge, Fatehgarh Sahib on 19.09.2019 (Annexure P3). The petitioner undertakes to join investigation as and when required, besides, to face the proceedings and not misuse the concession of anticipatory bail, if afforded. Therefore, it is prayed that this petition be allowed. Learned counsel for the State though not disputing the fact of grant of anticipatory bail to the co-accused, Gurmeet Singh @ Guri vide order dated 19.09.2019 (Annexure P3), submits that the petitioner is involved in three other cases. It is however not denied that he stands acquitted in two of them.

Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. The petitioner shall join investigation as and when required by the investigating agency and shall fully cooperate in the investigation of this case. In the event of his arrest, petitioner be released on bail to the satisfaction of Investigating Officer. Petitioner shall comply with the conditions stipulated in Section 438(2) Cr.P.C.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) May 22 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.05.22 15:58 I attest to the accuracy and integrity of this document High Court, Chandigarh