Barinder Sharma v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 22.07.2024 Barinder Sharma .... Appellant

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Balbir Singh, Advocate, for the appellant. Mr. Inderjeet Singh Ladher, DAG, Punjab, assisted by ASI Kulwant Singh.

***** FIR NO.

DATE POLICE STATION OFFENCES 07.03.2024 Kathgarh District SBS Nagar 447, 511, 379, 506, 148, 149 IPC and Section 3(1)(iv) of SC & ST Act GURVINDER SINGH GILL , J . (Oral) 1.

The instant appeal has been filed on behalf of the appellant seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of interim bail the following order was passed on 29.04.2024 by a co-ordinate Bench:

"The present appeal has been filed seeking grant of concession of anticipatory bail to the appellant in case FIR No. 16 dated

- 2 - 07.03.2024 under Sections 447, 511, 379, 506, 148 and 149 of the Indian Penal Code and Sections 3(1)(iv) of SC & ST Act, registered at Police Station Kathgarh, District SBS Nagar. Learned counsel for the appellant submits that the authorities are in the process of filing the cancellation report and the same finds mentioned in the order granting bail to the brother of the appellant by the Court below on 23.04.2024. Notice of motion.

Mr. Siddharth Attri, AAG, Punjab accepts notice on behalf of respondent-State.

In light of the above and without commenting on the merits of the case, the appellant is directed to join investigation on 10.05.2024 at 10:00 A.M. before the Investigating Officer and cooperate with the Investigating Agency, even thereafter. In the event of arrest, the appellant be released on interim bail subject to furnishing personal/surety bonds to the satisfaction of the Arresting/Investigating Officer and the appellant shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C.

Adjourned to 28.05.2024.

However, it is made clear that this order shall not be construed as parity qua any other co-accused." 3.

Learned State counsel has submitted that the appellant has joined investigation and is not required for any custodial interrogation. 4.

In view of the aforestated position wherein the appellant has joined investigation and he is not stated to be required for any custodial interrogation, the appeal is accepted and the interim directions issued by this Court vide order dated 29.04.2024 are hereby made absolute

- 3 - subject to the condition that the appellant shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

22.07.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No