Sukhdev Singh v. State Of Punjab

CRM-M-5391 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-5391 of 2015 Date of Decision : 08.05.2015 Sukhdev Singh .....Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Inderjit Sharma, Advocate for the petitioner.

Mr. Gurveer Sidhu, AAG, Punjab.

R.P. Nagrath, J. (Oral) Prayer in the instant petition is made for grant of prearrest bail under Section 438 Cr.P.C. in FIR No. 103 dated 19.03.2014 for offences under Sections 363, 366-A, 120-B, 148 and 149 of Indian Penal Code (IPC), registered at Police Station Kotwali Bathinda, District Bathinda.

Learned State counsel on instructions from HC Jarnail Singh submits that the petitioner has joined the investigation on 18.03.2015 but the girl and Gurdev Singh have still not been recovered. It is further submitted that raids have been conducted at various places for arresting Gurdev Singh. Petitioner is the brother of Gurdev Singh.

When the matter was listed on 12.03.2015, the following order was passed:- "It is inter alia contended that petitioner has been named in the FIR being the brother of main accused, namely; Gurdev Singh. It is further contended that FIR was registered about 1 year ago and the girl who was JITENDER KUMAR 2015.05.11 15:30 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-5391 of 2015 -2below 17 years of age and main accused Gurdev Singh, with whom she was allegedly eloped have not so far either recovered nor returned. It is also contended that parents of the petitioner have since been granted bail by this Court in CRM-M-29200-2014. Notice of motion for 8.5.2015.

In the meanwhile, the petitioner is directed to appear before the Investigating Officer within one week from today and join the investigation. In the event of his arrest, he be admitted to interim bail by the Investigating Officer/Arresting Officer to his satisfaction. He shall join the investigation as and when called upon by the Investigating Agency and cooperate in the investigation of this case. He would also abide by all the conditions as envisaged by Section 438(2) Cr.P.C.

In case, petitioner failed to do so, the concession granted to him by this order shall automatically stands vacated."

In view of the above, the interim bail granted vide order dated 12.03.2015 is made absolute. The petitioner is directed to keep on joining the investigation as and when required and cooperate with the same. The petitioner shall also abide by the restrictions contained in Section 438 (2) Cr.P.C. Allowed in the above terms.

May 08, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.11 15:30 I attest to the accuracy and authenticity of this document Chandigarh