High Court of Punjab and HaryanaCRM-M/5746/2017allowed

Karchuni @ Jagsir Singh v. State Of Punjab

2017-03-15Mr. Justice Harinder Singh Sidhu3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.03.2017 1.

CRM-M-5746-2017 Karchuni @ Jagsir Singh ... Petitioner

Versus

State of Punjab ... Respondent AND 2.

Sewak Singh alias Gursewak Singh and others ... Petitioners

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. Parampreet Singh Brar, Advocate, for the petitioners in both the petitions.

Mr. Deep Singh, AAG, Punjab.

INDERJIT SINGH, J.

This order shall dispose of CRM-M-5746-2017, filed by petitioner-Karchuni @ Jagsir Singh and CRM-M-8060-2017, filed by petitioners-Sewak Singh alias Gursewak Singh, Satnam Singh and Jassa Singh @ Jaspal Singh, under Section 438 of the Code of Criminal

-2Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.99 dated 21.11.2016, registered at Police Station Sadar, Faridkot, under Sections 341, 323, 427, 506, 148, 149 and 120-B of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Notice of motion was issued in these petitions. Learned State counsel put in appearance on behalf of the respondent-State and contested these petitions.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that FIR has been registered only under Sections 341, 323, 427, 506, 148, 149 and 120-B of the Indian Penal Code and Section 27 of the Arms Act, 1959.

In pursuance of the interim orders dated 21.02.2017 passed in CRM-M-5746-2017 and dated 09.03.2017 passed in CRM-M-8060-2017 by this Court, the petitioners have already joined the investigation. They are not required for custodial interrogation. Nothing is to be recovered from them.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find that no useful purpose will be served by sending the petitioners to custody. Therefore, finding merits in these petitions, the same are allowed. The orders dated 21.02.2017 passed in CRM-M-5746-2017 and dated 09.03.2017 passed in CRM-M-8060-2017 by this Court, granting interim bail to the petitioners,

-3are made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

15.03.2017 (INDERJIT SINGH) parveen/rajesh k. khurana JUDGE Note:

Whether speaking/reasoned : Yes Whether reportable :