Simranjit Singh Alias Simmu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : May 29, 2024 Simranjit Singh alias Simmu ....Petitioner

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Jagdeep Singh Virk, Advocate and Mr. Anmol Singh Virk, Advocate, for the petitioner Mr. Akshay Kumar, AAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

Short reply dated 28.5.2024, by way of affidavit of Sh. Suvinder Pal Singh, PPS, Deputy Superintendent of Police, Sub Division Baba Bakala Sahib, Amritsar (Rural) is filed today in the Court by the learned State counsel, and the same is taken on record. Copy thereof, is supplied to the counsel opposite. 2.

On 9.5.2024, this Court passed the following order:- "Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner has sought the concession of anticipatory bail, in case FIR No.59 dated 27.05.2023, under Sections 379B and 34 of the IPC, registered at Police Station Khilchain, Amritsar Rural, District Amritsar.

The learned counsel for the petitioner, in his asking for the relief (supra), submits that the main accused has already been arrested, from whom the recovery of a motorcycle has also been effected.

He has further set up the plea of alibi to submit that at the time of occurrence, he was in fact at Raipur in Chhattisgarh.

Notice of motion.

Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

Adjourned to 29.05.2024 In the meantime, the petitioner is directed to join the investigation, and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

3.

Today, the learned State counsel on instructions imparted to him by ASI Satpal, submits that the petitioner has already joined the investigation and he is fully co-operating with the investigation process and he is not required for any further custodial interrogation.

4.

In view of the specific stand taken by the learned State counsel, the present petition is allowed and order dated 9.5.2024 is,

hereby, made absolute subject to the condition that the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

( KULDEEP TIWARI ) May 29, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No