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High Court of Punjab and HaryanaCRM-M/24428/2023allowed

Gaurav @ Gora v. State Of Punjab

2023-08-01Mr. Justice Aman Chaudhary2 pages

CRM-M-24428-2023 (O&M) N.C. No.2023:PHHC:098672 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24428-2023 (O&M) Date of decision: 01.08.2023 Gaurav @ Gora ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr.A.S. Khinda, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab Mr. Sahil Puri, Advocate for the complainant ***** AMAN CHAUDHARY. J.

1.

On 24.05.2023, 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 FIR No.79 dated 08.04.2023, registered under Sections 323, 325, 452, 34 IPC at Police Station City Kapurthala, District Kapurthala.

Learned counsel contends that though the petitioner was named in the FIR, however, there is no specific attribution of any injury to him. The injuries caused are at the hands of coaccused Arjan and Amit. Petitioner is not involved in any other FIR and is 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. Mr. Sahil Puri, Advocate appears on behalf of the complainant.

Meanwhile, the petitioner is directed to join the investigation on or before 31.05.2023. In the event of his arrest, he 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 petitioner does not join and cooperate with the Investigating Agency as required by the SANDAL SHARMA 2023.08.02 15:30 I attest to the accuracy and authenticity of this order/judgment

CRM-M-24428-2023 (O&M) N.C. No.2023:PHHC:098672 - 2Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 01.08.2023."

2.

Learned counsel submits that in pursuance of the aforesaid order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur. 3.

Learned State counsel on instructions from ASI Harparshad affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is 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 petitioner is allowed and the order dated 24.05.2023 granting interim bail to him, 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 petitioner fails 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 him.

(AMAN CHAUDHARY) JUDGE 01.08.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.08.02 15:30 I attest to the accuracy and authenticity of this order/judgment