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High Court of Punjab and HaryanaCRM-M/24659/2021allowed

Gurpreet Singh And ANR v. State Of Punjab

2021-11-11Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 11.11.2021 Gurpreet Singh and another .... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Jasleen Kaur, Advocate, for the petitioners. Mr. Harbir Sandhu, AAG, Punjab, assisted by SI Gurjaswant Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No. 38, dated 17.3.2021, Police Station Subhanpur, District Kapurthala, under Sections 380 and 457 IPC.

2.

At the time of issuance of notice of motion the following order was passed on 1.7.2021:

"Learned counsel for the petitioners contends that the allegations as per FIR are to the effect that the petitioners

- 2 - have stolen three bags of milk powder valued at about Rs.29,000/- from Jagatjit Industries situated at Village Hamira, Tehsil and District Kapurthala.

Learned counsel for the petitioners submitted that the petitioners have been implicated falsely in the instant case and that the falsity would be evident from the fact that the FIR in question has been lodged after one month of the alleged occurrence.

Notice of motion for 11.11.2021.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the 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."

3.

The learned State counsel, upon instructions from SI Gurjaswant Singh, has informed that pursuant to interim directions issued by this Court, the petitioners have since joined investigation and that their custodial interrogation is not required. It has further been informed that the petitioners are not wanted in any other case. 4.

In view of the aforestated position wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 1.7.2021 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with

- 3 - the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

11.11.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No