Kuljit Singh v. State Of Punjab

CRM-M-26223-2023 2023:PHHC:128383

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-26223-2023 Date of decision: 04.10.2023 Kuljit Singh ..Petitioner

Versus

State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Gaurav, Advocate for Mr. LS Sekhon, Advocate for the petitioner.

Mr. Manipal Singh Atwal, DAG, Punjab.

Mr. SS Aviraj, Advocate for the complainant.

*** AMAN CHAUDHARY, J.

1.

On 03.07.2023, 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. 102 dated 04.05.2023, registered under Sections 420, 406 and 120-B of the Indian Penal Code, 1860 at Police Station City-II Mansa, District Mansa.

Learned counsel contends that the petitioner is a freelance Reporter and has been implicated in the present case at the behest of one Navdeep who is also a press reporter and has enmity with him. He is not involved in any business of travel agency. The amount of Rs.11,990/- alleged to have been deposited in his account is also for the purpose of false implication. He has no connection with the other co-accused and is not involved in any other case. He is ready and willing to refund the said amount which could not be done due to the fact that the details were unavailable to him since it was a UPI transaction. He also submits that before the next date of hearing, the complainant will be impleaded as a respondent in the present case. The petitioner is ready and willing to join investigation as and when required by the investigating agency.

Adjourned to 10.08.2023.

Meanwhile, the petitioner is directed to join the investigation on or before 10.07.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of 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 ASHOK KUMAR 2023.10.05 11:40 I attest to the accuracy and integrity of this document

CRM-M-26223-2023 2023:PHHC:128383 Arresting/Investigating Officer, this interim order shall be deemed to have been vacated."

2.

Learned counsel contends that matter stands amicably settled on 23.08.2023. He submits that in pursuance of the afore-mentioned 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 HC Jaimal Singh 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 any custodial interrogation.

4.

Learned counsel for the complainant submits that he has no objection in case the petitioner is granted interim/anticipatory bail. 5.

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 03.07.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C. 6.

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 ) 04.10.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.10.05 11:40 I attest to the accuracy and integrity of this document