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High Court of Punjab and HaryanaCRM-M/30553/2023allowed

Jashanpreet Singh v. State Of Punjab

2023-08-08Mr. Justice Aman Chaudhary2 pages

CRM-M-30553-2023 2023:PHHC:102570 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-30553-2023 Date of decision: 08.08.2023 Jashanpreet Singh ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Rahi Mehra, Advocate for the petitioner.

Mr. Manipal Singh Atwal, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

On 15.06.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.70 dated 18.05.2023, registered under Sections 341, 379-B IPC at Police Station Sadar, Tarn Taran, District Tarn Taran. Learned counsel contends that the petitioner who is 25 years old has been falsely implicated in the case. He was not present at the spot. The name mentioned in the FIR is Jashandeep Singh, whereas the name of the petitioner is Jashanpreet Singh. As per the allegations in the FIR, Rs.8,500/- along with two mobile phones were snatched. He is not involved in any other case. He further submits that the petitioner is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Vinay Kumar Gupta, AAG Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 22.06.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 08.08.2023."

Ankur Goyal 2023.08.10 19:38 I attest to the accuracy and integrity of this order/judgment

CRM-M-30553-2023 2023:PHHC:102570 --2-- 2.

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has not only joined investigation but has also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 15.06.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 08.08.2023 Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.08.10 19:38 I attest to the accuracy and integrity of this order/judgment