Gurwinder Singh v. State Of Punjab And ANR.

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 25.09.2024 Gurwinder Singh .... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lovish Arora, Advocate, for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

***** FIR NO.

DATE POLICE STATION OFFENCES 27.6.2021 Cantt Ferozepur, District Ferosepur 420 and 120-B IPC GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR.

- 2 - 2.

At the time of issuance of interim bail the following order was passed on 17.05.2024:

"This is the 2nd petition filed on behalf of petitioner seeking grant of anticipatory bail in respect of a case registered vide FIR No.59, dated 27.6.2021 at Police Station Cantt. Ferozepur, District Ferozepur, under Sections 420 and 120-B of Indian Penal Code. Learned counsel for the petitioner submits that there has been a substantial change in circumstances ever since dismissal of the first petition for grant of anticipatory bail. The allegations, in nutshell, are that the petitioner had sold a piece of land to the complainant but when the complainant went to the revenue office for getting mutation sanctioned, he was informed that seller i.e. the petitioner did not own any land. Learned counsel for the petitioner submitted that the FIR came be lodged under some misunderstanding, which has now been resolved and the parties have amicably resolved their issues. It has further been submitted that as a matter of fact a petition for quashing of FIR on the basis of compromise has already been filed.

Notice of motion 25.9.2024.

Mr. Arjun Sheoran, DAG, Punjab, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent-State.

Mr. Saksham Khunger, Advocate has put in appearance on behalf of the complainant/respondent No.2 and has filed Power of Attorney, which is taken on record. He has endorsed the factum of compromise.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer.

- 3 - However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel has informed that pursuant to the interim directions, the petitioner has joined investigation. 4.

Mr. Saksham Khunger, Advocate, appearing on behalf of respondent No.2/complainant is also present and while endorsing the factum of compromise has stated that he has no objection for grant of anticipatory bail.

5.

In view of the aforestated position wherein the petitioner has joined investigation and he is not stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 17.05.2024 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

25.09.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No