Inderbir Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 02.12.2024 CRM-M-24388-2024 INDERBIR SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CRM-M-24526-2024 INDERBIR SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Dr.Anmol Rattan Sidhu, Senior Advocate with Mr.Raghav Gulati, Advocate, for the petitioner. Mr.Deepender Singh, Addl.A.G., Punjab.

Mr.Vipin Mahajan, Advocate for the complainant. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail in case bearing No.PC/05/2024 instituted on 01.03.2024 wherein the petitioner has been summoned vide order dated 18.03.2024 arising out of FIR No.62 dated 30.06.2022 for the offences under Sections 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 29/59/85 of NDPS Act, Section 7/7A, 8(1) of the Prevention of Corruption

CRM-M-24388 & 24526-2024 -2Act, 1988 and Section 213/214/120-B/201 of the IPC added later on) registered at Police Station Bhikhiwind, District Tarn Taran. 2.

On a pointed query, learned counsel submits that in compliance of order dated 26.09.2024, the petitioner has entered appearance and cooperated with the investigating agency. 3.

Learned State counsel, on instructions, has not disputed the submissions made by the counsel opposite. It has further been submitted that challan already stands presented qua all the accused including the petitioner. Learned State counsel has also not disputed that the petitioner came to be nominated as an accused pursuant to a disclosure statement allegedly suffered by co-accused Lakhbir Singh, who as per the case of the prosecution, had made the alleged demand of bribe and accepted the same. However, learned State counsel has submitted that said co-accused- Lakhbir Singh, has turned an approver under Section 306 of the Cr.P.C.

4.

On a further query put to the learned State counsel, as to what was the role attributed to the petitioner in the alleged disclosure statement suffered by co-accused Lakhbir Singh, he submits that the alleged demand of bribe had been made at the instance of the petitioner.

5.

I have heard learned counsel for the parties and have perused the relevant material placed on record.

6.

In the facts and circumstances as enumerated herein-above, this Court deems it fit to grant the extraordinary concession of bail to the petitioner.

CRM-M-24388 & 24526-2024 -37.

Accordingly, the instant petition is allowed and interim order dated 26.09.2024 is made absolute subject to the conditions as enumerated under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. 8.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 9.

A photocopy of this order be placed on the file of another connected case.

(MANJARI NEHRU KAUL) JUDGE December 02, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No