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High Court of Punjab and HaryanaCRM-M/31239/2023allowed

Gurtej Singh v. State Of Punjab

2023-09-04Mr. Justice Aman Chaudhary2 pages

CRM-M-31239-2023 2023:PHHC:116088

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31239-2023 Date of decision: 04.09.2023 Gurtej Singh ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Nirmaljeet Singh Sidhu, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

*** AMAN CHAUDHARY, J 1.

On 19.07.2023, 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 of FIR No.82 dated 30.05.2023, registered under Sections 61/1/14 of Excise Act, 1914, at Police Station Dayalpura, District Bathinda. Learned counsel contends that the petitioner has been falsely implicated in this case on account of political rivalry. There was no independent witness joined by the police at the time of the alleged recovery, effected from his residential house, which is of a joint family consisting of his parents, brothers and other family members. He is not involved in any other case. 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. Manipal Singh Attwal, DAG, Punjab, accepts notice on behalf of respondent-State.

Meanwhile, the petitioner is directed to join the investigation on or before 26.07.2023. 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.

Ankur Goyal 2023.09.05 08:33 I attest to the accuracy and integrity of this order/judgment

CRM-M-31239-2023 2023:PHHC:116088 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 04.09.2023. "

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but 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 on instructions from ASI Mander Singh 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 19.07.2023 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 ) 04.09.2023 JUDGE Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.09.05 08:33 I attest to the accuracy and integrity of this order/judgment