Avtar Singh @ Nikka v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:02.11.2021 Avtar Singh @ Nikka ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Amandeep Singh Manaise, Advocate for the petitioner.

Mr. Sarabjit Singh Cheema, AAG, Punjab.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

While granting interim protection to the petitioner, this Court passed the following order on 19.08.2021:- "The Court has been convened through video conferencing due to Covid-19 Pandemic.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.102 dated 05.07.2017, registered for offences under Sections 307, 353, 186, 342, 323, 427, 148 and 149 of the Indian Penal Code, 1860 and Section 3 of Prevention of Damage of Public Property Act, 1984, at Police Station Sadar Fazilka, District Fazilka (Annexure P-1). Counsel for the petitioner contends that the petitioner is

{2} similarly placed as co-accused, Amarjeet Singh etc., who have been granted interim protection by this Court by virtue of order dated 02.08.2021 passed in CRM-M-30317-2021. He has drawn the attention of the Court to the arguments raised by counsel for the petitioners in the said petition, which are reproduced as under:- "Counsel for the petitioners contends that though the name of the petitioners do not figure in the FIR, but they have been arraigned as accused on the basis of supplementary statement of the injured liquor contractor, Om Prakash. He has placed reliance on order dated 27.07.2021, whereby coaccused - Teja Ram has been granted interim protection by this Court in CRM-M-29097-2021." Notice of motion.

On asking of the Court, Mr. Sandeep Singh Deol, DAG, Punjab accepts notice on behalf of respondent-State. List on 02.11.2021.

To be heard with CRM-M-29097-2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the

{3} conditions as specified under Section 438 (2) Cr.P.C." Upon instructions from ASI Des Raj, State counsel submits that the petitioner has joined the investigation and he is no longer required for custodial interrogation.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 19.08.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) November 02, 2021 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No