High Court of Punjab and HaryanaCRM-M/25789/2018allowed

Navdeep Singh And ANR v. State Of Punjab

2018-09-10Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.25789 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.25789 of 2018 Decided on: 10.09.2018 Navdeep Singh and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Bipan Ghai, Sr. Advocate with Mr. Vishavjit S. Virk, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of anticipatory bail in FIR No.163 dated 03.11.2017 registered under Sections 302, 336 read with Section 34 IPC and 25/27/54/59 of the Arms Act at Police Station Gharinda, District Amritsar Rural.

The operative part of the order dated 13.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned Senior counsel for the petitioners has submitted that after registration of the FIR, a detailed enquiry was conducted by the Superintendent of Police (Investigation), Batala and as per the report dated 28.02.2018 (Annexure P4), the petitioners - Navdeep Singh and Samdeep Singh sons of Patwinder Singh @ Soni Shah, the main accused, who stands arrested, were found to be present at the spot but were not found to be involved MOHD YAKUB 2018.09.10 16:04 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.25789 of 2018 in the murder of Amarjeet Singh. It is further submitted that, thereafter, the prosecution moved an application under Section 193 Cr.P.C. for taking cognizance against the petitioners and while allowing the said application vide order dated 28.05.2018 (Annexure P7), the petitioners have been summoned. It is also submitted that while conducting the enquiry, the Investigating Officer has looked into the CCTV footage where no overt act is attributed to the petitioners.

Notice of motion...."

Learned Senior counsel for the petitioners has submitted that, in pursuance to the order dated 13.06.2018, the petitioners have already appeared before the trial Court and they have been released on interim bail.

Counsel for the State, on instructions from ASI Kuldeep Singh, has not disputed the aforesaid fact. It is further submitted that the petitioners are facing the trial.

In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 13.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 10.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.10 16:04 I attest to the accuracy and authenticity of this document Chandigarh