Arshdeep Singh v. State Of Punjab

2024:PHHC:017121 CRM-M-23932-2023 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23932-2023 (O&M) Date of decision : 07.02.2024 Arshdeep Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present :

Mr. Vikasdeep Singh, Advocate, for the petitioner.

Mr. Joginder Pal Ratra, Sr. DAG, Punjab, for the respondent.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of bail pending trial to the petitioner in FIR No.17 dated 20.02.2023, under Sections 307, 336, 506, 452, 148 read with Section 149 of the Indian Penal Code, 1860, and Sections 25 & 27 of the Arms Act, 1959, registered at Police Station Khem Karan, District Tarn Taran.

2.

Above FIR was registered on the basis of statement made by one Harpal Singh with the allegations that petitioner along with his companion inflicted gun shot injuries upon the complainant party with an intention to kill.

3.

It transpires that petitioner was granted interim bail by this Court on 17.08.2023 and the order reads as under:- "Contends that petitioner is in custody since 22.02.2023 and after investigation, challan qua him has already been VIRENDRA SINGH ADHIKARI 2024.02.12 21:49 I attest to the accuracy and integrity of this document

2024:PHHC:017121 CRM-M-23932-2023 (O&M) -2presented on 23.05.2023. Also contends that two prime coaccused, namely, Gurlal Singh & Gurdas Singh are absconding. Let an affidavit be filed by the Senior Superintendent of Police, Tarn Taran regarding the status of investigation against the remaining co-accused.

Posted for 18.09.2023.

In the meanwhile, petitioner be released on interim bail in the present case till the next date of hearing on his furnishing adequate bail and surety bonds subject to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned." 4.

Despite interim bail, petitioner did not appear before the Court below and today, learned counsel for petitioner pleaded an excuse that he has been arrested in some other case under the NDPS Act. 5.

If that is the situation, this Court is not inclined to entertain the petition and the same is dismissed.

6.

It is clarified that observations made above shall not be construed as an expression of opinion on merits of the controversy, in any manner.

7.

Pending application(s), if any, shall also stand disposed off. 07.02.2024 (MAHABIR SINGH SINDHU) adhikari JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No VIRENDRA SINGH ADHIKARI 2024.02.12 21:49 I attest to the accuracy and integrity of this document