Gurpreet Singh @ Gopi And Others v. State Of Punjab And Another

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-30.11.2022 Gurpreet Singh @ Gopi and others ... Petitioners

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Fatehjeet Singh, Advocate for the petitioners. Mr. Aman Dhir, DAG, Punjab.

None for the complainant.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners seek grant of anticipatory bail in respect of a case registered vide FIR No.152, dated 16.11.2020, Police Station Division No.2, Jalandhar, under Sections 341, 324, 148, 149 IPC (Section 326 IPC added later on). 2.

At the time of issuance of notice of motion, the following order was passed on 23.5.2022:

"This is the second petition filed under Section 438 Cr.P.C. seeking grant of anticipatory bail in respect of a case registered against the petitioners vide FIR No.152, dated 16.11.2020, Police Station Division No.2, Jalandhar, under Sections 341, 324, 148, 149 IPC (Section 326 IPC added later on).

Learned counsel for the petitioners submits that there has been a substantial change of circumstances ever since the dismissal of the first petition by this Court which was dismissed vide orders dated

( 2 ) 23.7.2021 and 15.12.2021 (Annexures P-5 and P-6) inasmuch as the parties have amicably resolved their issues and have entered into a compromise.

Notice of motion for 30.11.2022.

At this stage Mr. Gursharan Singh, Advocate, has put in appearance on behalf of the complainant and filed memo of appearance. The same is taken on record. Power of attorney be filed on or before the next date of hearing.

Learned counsel for the complainant has endorsed the factum of compromise effected amongst the parties.

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 Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned counsel for the petitioners submits that pursuant to interim directions, the petitioners have joined investigation. It has further been submitted that the matter, in any case, stands amicably resolved amongst the parties.

4.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioners have since joined investigation and they are not required for any custodial interrogation. It has also been informed that the petitioners stand involved in 4 other identical cases.

5.

This Court has considered the rival submissions. 6.

Having regard to the fact that the matter is stated to have been amicably resolved amongst the parties as was also admitted by Mr. Gursharan Singh,

( 3 ) Advocate representing the complainant, on the last date of hearing and while also bearing in mind that the petitioners 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 23.5.2022 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 the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

30.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No