Kuldeep Singh Dhaliwal v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29751-2021 (O&M) Date of Decision:- 5.4.2022 Kuldeep Singh Dhaliwal .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. H.S.Batth, Advocate, for the petitioner.

Mr. Anmol S. Sandhu, AAG, Punjab, assisted by SI Dhanvinder Singh.

Mr. Veneet Sharma, Advocate, for the complainant. ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No. 082 dated 21.5.2019 at Police Station Raja Sansi, Tehsil & District Amritsar under Sections 302, 201, 120-B, 148, 149 of Indian Penal Code.

2.

At the time of issuance of notice of motion the following order was passed on 29.7.2021:

"The petitioner has approached this Court seeking grant of anticipatory bail in a case registered him vide FIR No.82, dated 21.5.2019 at Police Station Raja Sansi, District

- 2 - CRM-M-29751-2021 (O&M) Amritsar Rural, under Sections 302, 201, 120-B, 148, 149 IPC.

The FIR was registered at the instance of Simran Singh, son of deceased, wherein it is alleged that his father Budh Singh left home at about 9:30 PM on 17.5.2019 but did not return back till late. When the complainant called his father on phone, he disclosed that some unknown persons had caused injuries to him and had thrown him. The complainant and others rushed to the spot and got his father admitted in hospital, where he succumbed to his injuries on 20.5.2019. It is further alleged therein that shortly before his death, the complainant's father disclosed that Laddi, Resham Singh @ Gora, Pinka and Pamma are responsible for his death and had given beatings to him.

Learned counsel for the petitioner has submitted that the petitioner is nowhere named in the FIR and that it is four other persons namely Laddi, Resham, Pinka and Pamma, who were specifically named and in respect of which the deceased is stated to have furnished information to his son just before his death.

Learned counsel for the petitioner has submitted that the petitioner came to be involved in the instant case on 24.12.2020 on the basis of some inquiry stated to have been conduced by the police.

Notice of motion for 28.10.2021.

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. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall

- 3 - CRM-M-29751-2021 (O&M) abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel has informed that pursuant to aforesaid directions, the petitioner has joined investigation and he is not required for custodial interrogation.

4.

Having regard to the aforestated position wherein the petitioner has joined investigation and is not required for any custodial interrogation, the petition is accepted and interim directions issued by this Court vide order dated 29.7.2021 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.

5.4.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No