Sandeep Singh @ Sonu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18764-2024 (O&M) Date of decision : 18.11.2024 Sandeep Singh @ Sonu

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

None for the petitioner.

Mr. Puru Jarewal, AAG, Punjab.

MAHABIR SINGH SINDHU, J.

Present second petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') has been filed for grant of pre-arrest bail to the petitioner in FIR No.99 dated 29.07.2023, under Sections 379 & 411 of the Indian Penal Code, 1860 (for short, 'the IPC') registered at Police Station Khuian Sarwar, District Fazilka. 2.

Allegations are that petitioner committed theft of the vehicle i.e. Mahindera Pick-up bearing registration No.PB-10EF-2222, owned by the de facto complainant/Makhan Singh, which was parked outside his house.

3.

There is no assistance on behalf of the petitioner. 4.

Learned State counsel, on instructions, submits that petitioner was granted interim bail by this Court on 19.04.2024 and in -1-

terms thereof, he has already joined the investigation and his custodial interrogation is not required at this stage.

5.

Heard learned State counsel and perused the paper-book. 6.

It is an admitted position that petitioner was granted interim bail by this Court on 19.04.2024 and relevant part of the same is recapitulated as under:- " Notice of motion.

On the asking of the Court, Ms. Manjot Kaur, AAG, Punjab accepts notice on behalf of respondent-State and seeks time to have instructions and/or file short affidavit regarding complicity of the petitioner.

Posted for 28.05.2024.

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 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 19.04.2024 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, in any manner. 11.

Disposed off accordingly.

Pending application(s), if any, shall also stand disposed off.

18.11.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-