Gurwinder Singh v. State Of Punjab

CRM-M-15828-2023 -12023:PHHC:065115 206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15828-2023 Decided on : 05.05.2023 Gurwinder Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Ramdeep Pratap Singh, Sr. DAG, Punjab.

**** Manjari Nehru Kaul, J.

1.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No.197 dated 20.08.2022 registered under Section 304 IPC at Police Station Dharamkot, District Moga. 2.

Vide order dated 28.03.2023, petitioner was granted the concession of interim bail in the following terms:- "Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case in hand on account of some political vendetta as he had supported one Pipal Singh, Sarpanch in the election against one Baljinder Singh, who had cordial relations with the complainant and his family. He has further submitted that even a bare reading of the contents of the FIR reveals that totally vague allegations have been levelled against as many as 10 persons including the petitioner of getting the deceased addicted to drugs and as a result of overdose of drugs, the deceased died. He still further submits that similarly situated SONIA BURA 2023.05.05 17:26 I attest to the accuracy and integrity of this document

CRM-M-15828-2023 -22023:PHHC:065115 co-accused have since been extended the concession of anticipatory bail by this Court vide order dated 24.02.2023 passed in CRM-M-9894-2023 and the petitioner is ready to join investigation and cooperate with the investigating agency."

3.

Learned counsel for the petitioner states that pursuant to order dated 28.03.2023, passed by this Court, the petitioner has joined investigation. This fact is not disputed by the counsel for the State as well. 4.

Learned State counsel on instructions states that the petitioner is no longer required for further interrogation.

5.

In view of the above, the petition is allowed and interim order dated 28.03.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. It is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of bail granted to him. (MANJARI NEHRU KAUL) JUDGE 05.05.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.05.05 17:26 I attest to the accuracy and integrity of this document