Gursharan Singh And Another v. State Of Punjab

CRM-M-21800-2023 (O&M) N.C. No.2023:PHHC:088217 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21800-2023 (O&M) Date of decision: 14.07.2023 Gursharan Singh and another ....Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Prateek Sodhi, Advocate for the petitioners Mr. Manipal Singh Atwal, DAG Punjab ***** AMAN CHAUDHARY . J.

1.

On 01.05.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case of FIR No.87 dated 11.03.2023, registered under Section 406 IPC at Police Station Model Town, Hoshiarpur (Annexure P-1). Learned counsel contends that the FIR has been lodged after almost 3 months. The petitioners were the ex-employees of the complainant as they had left the job. They have been involved in the present case only to settle some score. He further submits that the petitioners are ready and willing to join investigation as and when required by the investigating agency. Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioners are directed to join the investigation on or before 08.05.2023. In the event of their arrest, they shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the conditions as enshrined under Section 438(2) Cr.P.C. However, it is clarified that if the petitioners do not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 10.07.2023."

2.

Learned counsel submits that in pursuance of the aforesaid order, the SANDAL SHARMA 2023.07.14 16:39 I attest to the accuracy and authenticity of this order/judgment

CRM-M-21800-2023 (O&M) N.C. No.2023:PHHC:088217 - 2petitioners have not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioners to appear, they shall make themselves available without demur.

3.

Learned State counsel on instructions from ASI Charanjit Singh affirms the factum of joining the investigation by the petitioners and cooperating with the investigating agency. He also submits that at this stage, the petitioners are not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioners is allowed and the order dated 01.05.2023 granting interim bail to them, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. 5.

However, it is made clear that if the petitioners fail to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to them.

(AMAN CHAUDHARY) JUDGE 14.07.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.07.14 16:39 I attest to the accuracy and authenticity of this order/judgment