Bikramjeet Singh @ Babbi v. State Of Punjab

CRM-M-30715-2023 2023:PHHC:102579 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-30715-2023 Date of decision: 08.08.2023 Bikramjeet Singh @ Babbi ....Petitioner

Versus

State of Punjab

...Respondent

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

Mr. Lovish Rattan, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

On 16.06.2023, 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.75 dated 21.04.2023, registered under Sections 21(b), 29, 61 and 85 NDPS Act at Police Station Division-A, District Amritsar.

Learned counsel contends that name of the petitioner surfaced based on disclosure statement of co-accused Gurwinder Singh @ Gopi from whom 200 grams of heroin was recovered, who has since been granted regular bail. He relies on the judgment passed by Hon'ble The Supreme Court in Toofan Singh vs. State of Tamil Nadu, 2021 (1) RCR (Criminal) 1. The petitioner is not involved in any other case under the NDPS Act. He 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 23.06.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the 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 19:57 I attest to the accuracy and integrity of this order/judgment

CRM-M-30715-2023 2023:PHHC:102579 --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 16.06.2023 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 19:57 I attest to the accuracy and integrity of this order/judgment