Jagdish Singh Randhawa v. State Of Punjab

CRM-M-15686-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15686-2019 (O & M) Date of Decision:17.05.2019 Jagdish Singh Randhawa

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Ish Puneet Singh, Advocate for the petitioner. Mr. Harsimar Singh Sitta, AAG, Punjab.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.229 dated 29.08.2014 under Sections 419/420/465/467/468/471/120-B IPC, registered at Police Station Dera Bassi, District SAS Nagar (Mohali). The petitioner apprehended his arrest at the hands of Police. Learned counsel for the petitioner has invited the attention of the Court to the order dated 08.04.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner.

The said order reads as under:- "Learned counsel for the petitioner contends that the alleged agreement to sell executed between Amit Kapoor on one side and Manmohan Singh, Davinder Singh and Amit Kapoor on the other side for purchase of land, wherein the petitioner was a witness. The petitioner had been working in partnership with Amit Kapoor and at his instance had signed the said Sheetal Gawri 2019.05.22 16:55 I attest to the accuracy and integrity of this document Chandigarh instrument of agreement to sell as a witness.

CRM-M-15686-2019 (O & M) -2contended that the said beneficiary of the agreement is already on anticipatory bail granted by this Court. According to him, the other co-accused Rajinder Singh is also on regular bail.

Notice of motion for 17.05.2019.

In the meanwhile, 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 the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being. Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 08.04.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

17.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.22 16:55 I attest to the accuracy and integrity of this document Chandigarh