Ajaib Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-17.9.2024 Ajaib Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Ramandeep Kaur, Advocate for Mr. Varinder Basa, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab, assisted by ASI Sanjiv Kumar.

***** FIR No.

Dated Police Station Section/s 15.7.2023 Kalanaur, District Gurdaspur, Punjab 379-B, 34 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

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

At the time of issuance of notice of motion, the following order was passed on 22.4.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 47, dated 15.7.2023, Police Station Kalanaur, District Gurdaspur, under Sections 379-B, 34 IPC.

The FIR was lodged at the instance of Satnam Singh wherein it is alleged that on 14.7.2023 when he was going on his motorcycle, 4

( 2 ) armed persons waylaid him who were joined later by another 2 persons and who snatched complainant's motorcycle and his mobile phone. It is further the case of prosecution that subsequently the petitioner made a supplementary statement on 29.7.2023 naming Vicky, Harjit and Chandan Kumar as coaccused. It is further the case of prosecution that upon interrogation Vicky disclosed that Baljit Singh, Arjan Singh, Anmoldeep Singh and Ajaib Singh were also involved with them in the commission of crime.

Learned counsel for the petitioner submits that he is nowhere named in the FIR and came to be nominated on the basis of disclosure statement made by co-accused which would hardly carry any evidentiary value. It has further been submitted that the petitioner has a clean record and is not involved in any other case. Notice of motion for 11.09.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from the ASI Sanjiv Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 22.4.2024 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so

( 3 ) and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 17.9.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No