Shamsher Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 22184 of 2022 Date of Decision: 23.05.2022 Shamsher Singh .......... Petitioner

Versus

State of Punjab .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Namit Gautam, Advocate, for the petitioner. Mr. Bhupender Beniwal, Assistant Advocate General, Punjab **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition cast under Section 438 Cr.P.C., seeks grant of anticipatory bail in case FIR No. 244 of 28.12.2019, which was registered against him, at Police Station Chheharta, Amritsar, constituting therein offences under Sections 379-B & 34 of the Indian Penal Code.

2.

The incriminatory role, as, assigned to the bail applicant - petitioner in the petition FIR, is of his alongwith other co-accused, namely, Ajaypal Singh, and, Kuleep Singh, snatching the purse of the victim, carrying a sum of Rs. 300/-. Since, the above principal accused became arrested, at the crime site, and, also when the relevant recoveries, became effected, at their instance, to the IO concerned. Therefore, no recovery is to be effected, at the instance of the present petitioner, to the IO concerned. 3.

Given the afore, and, also when no material has been placed on record by the prosecution, suggesting that in the event of the bail applicant being enlarged on pre-arrest bail, there is every likelihood of his fleeing from justice, and, or, tampering with prosecution evidence. Therefore, this DINESH KUMAR 2022.05.24 10:40 I attest to the accuracy and authenticity of this document Court does not deem it fit to order for the custodial interrogation of the bail

CRM-M No. 22184 of 2022 -2petitioner.

4.

In sequel, it is ordered that in the event of arrest of the bail applicant-petitioner, he be released on anticipatory bail, by the Investigation Officer, on his furnishing personal and surety bonds in the sum of ` 50,000/- each, before him, and, also subject to his not tampering with prosecution evidence, and/or not influencing prosecution witnesses, and, also, as and when he is summoned by the investigating officer, through a written Hukamnama, his cooperating in the investigations to be made into the offence(s) concerned.

5.

Disposed of.

May 23, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.05.24 10:40 I attest to the accuracy and authenticity of this document