High Court of Punjab and HaryanaCRM-M/33610/2017allowed

Satpal Singh v. State Of Punjab

2018-03-08Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.33610 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.33610 of 2017 Decided on: 08.03.2018 Satpal Singh ....Petitioner

Versus

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

Mr. R.S. Cheema, Sr. Advocate with Mr. R.K. Trikha, Advocate for the petitioner. Ms. Samina Dhir, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.15 dated 24.04.2017 registered under Sections 21 and 29 of the NDPS Act (Sections 465, 466, 467, 468, 471, 474 and 420 IPC added later) at Police Station Kabirpur (Ahalikalan), District Kapurthala. Learned Senior counsel for the petitioner has submitted that the petitioner has joined the investigation and the challan qua coaccused of the petitioner namely Sehbaj has already been presented and he has been granted the concession of regular bail by this Court vide order dated 16.01.2018 passed in CRM-M No.48317 of 2017.

It is further submitted that even when the Additional Sessions Judge, Kapurthala has granted the interim bail, the petitioner has joined the investigation on three occasions and later, during the investigation Sections 465, 466, 467, 468, 471, 474 and 420 IPC were also added on the allegations that on 09.01.2017 Gurmukh Singh has produced a certificate of BAMS (Bachelor of Alternative Medicines System) in the Mohd. Yakub 2018.03.

CRM-M No.33610 of 2017 name of Satpal Singh which was found to be a false document. Learned Senior counsel has further argued that the petitioner - Satpal Singh has already been acquitted in another FIR No.124 of 2013 vide judgment dated 04.12.2017 passed by the trial Court.

Counsel for the State, on instructions from Inspector Joginder Singh, has not disputed the fact that the petitioner has joined the investigation, however, has opposed the prayer for bail on the ground that Satpal Singh is involved in the aforesaid FIR and during the investigation, Gurmukh Singh has produced a certificate of Satpal Singh which was found to be fake.

Without commenting anything on merits of the case and considering the fact that the petitioner has joined the investigation, the petition is allowed and the interim bail granted to the petitioner vide order dated 12.09.2017 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 08.03.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.03.09 17:17 I attest to the accuracy and authenticity of this document Chandigarh