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High Court of Punjab and HaryanaCRM-M/12921/2020allowed

Sukhjinder Sikngh @ Gaggu And ORS v. State Of Punjab

2020-09-09Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12921-2020 (O&M) Date of Decision:-9.9.2020 Sukhjinder Sikng @ Gaggu and others ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sunil Kumar Dhanda , Advocate for the petitioners. Mr. Randhir Singh Thind, DAG, Punjab.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The allegations as per prosecution are that the police received a secret information to the effect that the petitioner along with Kulwant Singh were violating curfew and were playing cards outside the house of Kulwant Singh.

2.

Pursuant to receipt of said information, when the police went to the spot Kulwant Singh was arrested but others are stated to have escaped. The petitioner is alleged to have been nominated on the basis of disclosure statement made by Kulwant Singh.

3.

Pursuant to interim directions issued by this Court on 27.5.2020, the petitioner is stated to have joined investigation, as has been informed by learned State counsel, upon instructions from ASI Gurmail Singh.

4. Having regard to the facts and circumstances of the case and the fact that the petitioner has since joined investigation, custodial interrogation of the petitioner is not warranted.

KAMAL KUMAR 2020.09.09 17:18 I attest to the accuracy and integrity of this document

CRM-M-12921-2020 (O&M)

5. The petition, as such, is accepted and the interim directions issued vide order dated 27.5.2020 are hereby made absolute subject to the condition that the petitioner shall appear and join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C. 9.9.2020 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2020.09.09 17:18 I attest to the accuracy and integrity of this document