Gurmail Singh v. State Of Punjab

CRM-M-7960-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-7960 of 2017 (O&M) Date of Decision: November 30, 2017 Gurmail Singh ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. H.S.Batth, Advocate for the petitioner (s).

Ms. Seena Mand, D.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 186 dated 31.12.2016 registered for the offences punishable under Sections 406, 420 of Indian Penal Code at Police Station Sadar Patiala, District Patiala.

Heard.

Learned counsel for the petitioner submits that the matter has since been amicably settled and in the settlement complainant Sukhwinder Singh has been paid the entire due amount. He has placed on file copy of the affidavit of Sukhwinder Singh, who is stated to be present in the Court. Learned State counsel on instructions from HC Parwinder Singh submits that petitioner has joined the investigation which is still in Jyoti 2017.12.01 09:53 I attest to the accuracy and authenticity of this document

CRM-M-7960-2017 -2progress but his custodial interrogation is not required for the purpose of further investigation.

Keeping in view of above facts but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 08.03.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) November 30, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.12.01 09:53 I attest to the accuracy and authenticity of this document