Gurpreet Singh Alias Gopi v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 14.12.2021 Gurpreet Singh @ Gopi .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioner.

Mr. Harbir Sandhu, AAG, Punjab, assisted by ASI Bhupinder Singh.

***** 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. 130, dated 27.8.2020, Police Station Tarsikka, Amritsar Rural, under Sections 379-B(2) of IPC (Sections 148 and 149 IPC added later on).

2.

At the time of issuance of notice of motion the following order was passed on 10.8.2021:

"Learned counsel for the petitioner contends that he is nowhere named in the FIR and has been nominated on the

- 2 - statement of co-accused Satpal and Vinod Kumar. It has been submitted that the petitioner was implicated in an identical manner in another FIR i.e. FIR No.171 dated 30.08.2020 registered at Police Station Khalchian, Amritsar Rural under Sections 379-B/148/149 IPC, wherein this Court has granted interim bail to the petitioner vide order dated 07.04.2021 (Annexure P-4). Learned counsel further submits that the petitioner has been falsely implicated on account of the fact that petitioner's brother had lodged a complaint against police officials and had also filed writ petition in this Court on account of police having given beatings to him and having damaged his ear drum. Notice of motion for 07.12.2021.

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 investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

The learned State counsel, upon instructions from ASI Bhupinder Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required.

4.

In view of the aforesaid submission, the petition is accepted and the interim directions issued by this Court vide order dated 10.8.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate

- 3 - with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

14.12.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No