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High Court of Punjab and HaryanaCRM-M/21458/2024allowed

Gurinder Pal Singh v. State Of Punjab

2024-07-25Mr. Justice Anoop Chitkara2 pages

CRM-M-21458-2024 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21458-2024 (O&M) Date of order: 25.07.2024 Gurinder Pal Singh ... Petitioner(s)

Versus

State of Punjab

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. M.S. Bal, Advocate for the petitioner(s).

Mr. Sukhdev Singh, AAG, Punjab.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 17.3.2022 Lopoke, District Amritsar 409 IPC read with Section 13(2) of the Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act, 2018.

1.

Prayer in this petition filed under Section 439 CrPC is for grant of regular bail to the petitioner in the FIR captioned above seeking regular bail. 2.

At the outset, counsel for the petitioner submits that the petitioner has been arrested in another FIR, due to which he is not present in Court. 3.

Given above, the direction to the petitioner to remain present in Court is recalled.

4.

Vide order dated 23.05.2024, this Court considering the nature and veracity of allegations as well as the custody, granted interim bail to the petitioner primarily on the ground that the petitioner agreed to comply with the conditions mentioned in the said order.

ASHWANI KUMAR 2024.07.26 13:50 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh

CRM-M-21458-2024  5.

Counsel for the petitioner, on instructions, undetakes to comply with condition no.13 of the interim order dated 23.05.2024 within 30 days of the release of the petitioner from the prison. On instructions, he further submits that they have complied with the conditions contained in the said interim order. 6.

I have heard counsel for the parties and gone through the record. 7.

The petitioner was granted interim protection on 23.5.2024. He along with his spouse has undertaken to declare their assets within 30 days from today with an undertaking that for declaring assets, they would not claim any incrimination or violation of their rights under Articles 20/21 of the Constitution of India, Indian Evidence Act, Bharatiya Nagarik Suraksha Sanhitaor any other law in force. Considering the nature of the allegations and his pre-trial custody, which is about 11⁄2 year, which cannot be said to be less, his further pre-trial custody may not be justified in this case. 8.

Given above, the petition is allowed and interim order dated 23.5.2024, is made absolute subject to the condition that he shall comply with condition no.13 of the order dated 23.5.2024 within 30 days of his release from the prison. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE July 25, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.07.26 13:50 I attest to the accuracy and integrity of this order/judgment Punjab & Haryana High Court, Chandigarh