Gurdev Singh v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 209-3 Date of decision:16.08.2021 Gurdev Singh ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Jasleen Kaur, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

Mr. Sushant Kareer, Advocate for Mr. Shaurya Puri, Advocate for the complainant.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

On 27.05.2021, following order was passed:- "Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.0010 dated 15.01.2021, registered for offences under Section 323, 148, 149 and 506 of the Indian Penal Code, 1860 and offences under Section 307, 325 and 459 of the Indian Penal Code, 1860 have been added later on, at Police Station Fattudhinga, Kapurthala (Annexure P-1).

{2} Counsel for the petitioner contents that as per the allegations in the FIR, the petitioner was empty handed and only allegation qua him is that he instigated the other co-accused to attack the complainant.

Notice of motion.

On asking of the Court, Mr. Saurav Khurana, DAG, Punjab, who is assisted by Mr. Shaurya Puri, Advocate counsel for the complainant accept notice on behalf of the respondent-State as well as complainant respectively.

List on 16.08.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Interim protection granted to co-accused, Satnam Singh in CRM-M-18103 of 2021 has been made absolute by an order passed on even date.

Learned State counsel, on instructions from ASI Dalwinderbir Singh submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to state that the petitioner is not involved in any other criminal case.

{3} In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 27.05.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE August 16, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No