Sandeep Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17182-2024 (O&M) Date of decision : 22.08.2024 Sandeep Kumar

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Karnail Singh Ahhi, Advocate, for the petitioner.

Ms. Neha Sonawane, DAG, Punjab.

MAHABIR SINGH SINDHU, J.

Petition under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of pre-arrest bail to the petitioner in FIR No.125 dated 21.07.2023, under Sections 417, 419, 420, 465, 468 & 471 of the Indian Penal Code, registered at Police Station Mataur, District SAS Nagar (Mohali).

2.

Allegations are that co-accused Narinder Pal impersonated the petitioner during recruitment of ETT teachers. 3.

Contends that this Court, granted interim bail to petitioner on 08.04.2024 and in terms thereof, he has already joined the investigation and his custodial interrogation is not required. 4.

Above factual position is duly acknowledged by learned State Counsel, on instructions from SI Lakhwinder Singh, who is -1-

present in Court and further stated that custodial interrogation of the petitioner is not required at this stage.

5.

Heard learned counsel for the parties and perused the paper-book.

6.

It is an admitted position that petitioner was granted interim bail by this Court on 08.04.2024 and relevant part of the same is recapitulated as under:- "Notice of motion for 15.05.2024.

Ms. Manjot Kaur, AAG, Punjab, accepts notice on behalf of the respondent-State and seeks time to have instructions and/or file written response in the matter. In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure, 1973." 7.

It is acknowledged by learned State counsel that in pursuance of above order, petitioner has joined the investigation and his custodial interrogation is not required at this stage. 8.

In view of above, interim order dated 08.04.2024 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

9.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

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10.

Above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

11.

Disposed off accordingly.

Pending application(s), if any, shall also stand disposed off. 22.08.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-