Sahil Kumar Alias Landi v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 30.08.2024 Sahil Kumar alias Landi

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. A.S. Brar, Advocate for the petitioner.

Mr. Pardeep Bajaj, DAG, Punjab.

**** KULDEEP TIWARI, J. (ORAL) 1.

On 16.05.2024, this Court had passed the hereinafter extracted order, upon the instant petition:- "Apprehending his arrest in FIR No.99 dated 07.08.2023, registered for offences punishable under Sections 307, 323, 148, 149 of the Indian Penal Code, 1860 and Sections 25, 27 of Arms Act, at Police Station City Zira, District Ferozepur, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail. Ld. Counsel for the petitioner inter alia submits that as per the contents of the FIR the injury attributed to the petitioner though the firearm is on non-vital part i.e. on the leg. Apart from that the parties have now amicably settled the matter.

Mr. Gagandeep Singh, Advocate appears on behalf of

the complainant and files his memo of appearance admits the aforesaid fact.

Issue notice of motion, returnable for 01.08.2024. Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of the respondent/State. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C." 2.

Today, the learned State counsel has, on instructions imparted to him by ASI Satpal Singh, stated that pursuant to the making of the hereinabove extracted order, the petitioner(s) had joined investigation and he is no longer required for further custodial interrogation. 3.

In view of the above, the hereinabove extracted interim order dated 16.05.2024, is hereby made absolute, subject to the hereinafter extracted conditions:- "(i) the petitioner(s) shall not commit an offence similar to the present offence;

(ii) the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

(iii) the petitioner(s) shall make himself/herself available for interrogation by a police officer as and when required." 4.

This order should not be treated as "blanket" order. It will not be read granting petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

5.

Needless to say that anything observed hereinabove shall not be construed to be an opinion on the merits of the case. 30.08.2024 (KULDEEP TIWARI) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No