Kuldip Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 21.08.2023 Kuldip Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. B.B.S. Randhawa, Advocate for the petitioner. Mr. M.S. Tiwana, AAG Punjab.

ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in cross case under Sections 323, 324, 326, 354, 354-B, 148, 149 of Indian Penal Code, 1860 registered vide DDR No.31 dated 28.05.2020 (Annexure P-1) in FIR No.94 dated 26.05.2020 registered under Sections 326, 324, 354, 354-B, 148, 149 of IPC at Police Station Ghuman, District Gurdaspur, Punjab. 2.

On 01.06.2023 the following order was passed : "The petitioner-Kuldip Singh has filed petitioner under Section 438 Cr.P.C. seeking pre-arrest bail in cross case under Section 323, 324, 326, 354, 354-B, 148, 149 of IPC, registered vide DDR No.31 dated 28.05.2020 (Annexure P-1) in FIR No.94 dated 26.05.2020, registered under Sections 326, 324, 354,

-2354-B, 148, 149 of IPC at Police Station Ghuman, District Gurdaspur.

It is argued that the petitioner has been falsely involved in this case. It is a case of version and cross version. The other accused in the cross version have been granted anticipatory bail vide CRM-M-17969-2023 dated 19.05.2023. He will also join the investigation as and when required.

Notice of motion.

On the asking of this Court, Mr. Kunwarbir Singh, Assistant A.G. Punjab, accepts notice on behalf of the State.

Considering the aforesaid facts, no coercive step shall be taken towards the petitioner. However, he is directed to join the investigation as and when required. Adjourned to 21.08.2023.

Status report be filed by the respondent - State by the adjourned date. "

3.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner has joined investigation and has fully cooperated.

4.

Learned counsel for the State, on instructions from ASI Gurmail Singh, has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 01.06.2023 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as

-3specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 21.08.2023 Yogesh Sharma