Bhupinder Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-30874-2022 (O&M) Bhupinder Singh ... Petitioner

Versus

State of Punjab ... Respondent II) Sukhbir Singh ... Petitioner

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State of Punjab ... Respondent \ Date of Decision:-17.10.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Akbarjit Singh, Advocate for the petitioner(s). Ms. Swati Batra, DAG, Punjab, assisted by SI Bhupinder Singh.

Mr. Parminder Singh Kanwar, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Bhupinder Singh and Sukhbir Singh seeking grant of anticipatory bail in respect of a case registered vide FIR No.0097, dated 17.6.2022, Police Station Dasuya, Hoshiarpur, under Sections 406, 419, 420,

( 2 ) CRM-M-30874-2022 (O&M) & 465, 467, 468, 471, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014.

2.

At the time of issuance of notice of motion in CRM-M-30874-2022, the following order was passed on 19.7.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.0097, dated 17.6.2022, Police Station Dasuya, Hoshiarpur, under Sections 406, 419, 420, 465, 467, 468, 471, 120-B of Indian Penal Code and Section 13 of Punjab Travel Professionals (Regulation) Act, 2014.

Learned counsel for the petitioner submits that the petitioner is nowhere named in the FIR, wherein it is only his son Sukhvir Singh, who is named and that the allegations pertaining to defrauding the complainant of an amount of Rs.12 lakhs are also specifically against petitioner's son Sukhvir Singh. Notice of motion for 17.10.2022.

At this stage, Mr. Parminder Singh Kanwar, Advocate has put in appearance on behalf of the complainant and has filed memorandum of appearance, which is taken on record. Power of attorney be filed on or before the next date of hearing. 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.

Learned counsel for the petitioner submits that in the meantime, he shall also seek instructions in case the matter can be amicably resolved amongst the parties."

( 3 ) CRM-M-30874-2022 (O&M) & 3.

Even in the other case i.e. in CRM-M-38183-2022, this Court while issuing notice of motion, had granted interim bail to the petitioner-Sukhvir Singh vide order dated 13.9.2022.

4.

Learned counsel for the petitioners has submitted the matter has been amicably resolved amongst the parties.

5.

Mr. Parminder Singh Kanwar, Advocate representing the complainant has admitted the factum of compromise and has stated that he has no objection for grant of bail to the petitioners.

6.

Learned State counsel, upon instructions from SI Bhupinder Singh, has informed that pursuant to interim directions, both the petitioners have since joined investigation and are not required for any custodial interrogation. 7.

Having regard to the facts and circumstances of the case particularly bearing in mind that the petitioners have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 19.7.2022 (passed in CRMM-30874-2022) and order dated 13.9.2022 (passed in CRM-M-38183-2022) are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

8.

A photocopy of this order be placed on the file of connected case. 17.10.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No