Sandeep Singh And ANR v. State Of Punjab

235 2nd case 2023:PHHC:133799

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRA-S-1793-2023 (O&M) Date of decision: 12.10.2023 Sandeep Singh and another ....Appellants versus State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Abhay Gupta, Advocate, For the appellants.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Kanwaljeet Singh and Satvir Singh, Advocates, For the complainant.

***** ARUN MONGA, J. (ORAL) Present appeal has been filed for grant of anticipatory bail to the appellant in case FIR No.0084 dated 21.03.2022, registered under Sections 323, 341, 506 read with section 34 of IPC and Section 3 (a) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (added later on) (for short 'the SC/ST Act') at Police Station, Gobindgarh Mandi, District Fatehgarh Sahib. 2.

Learned counsel for the appellants submits that pursuant to earlier order dated 04.07.2023 passed by this Court, appellants have joined the investigation and have fully cooperated in the same.

3.

Learned State counsel per his instructions from ASI Harminder Singh submits that appellants have joined investigation and in view of cooperation rendered by them, no custodial interrogation of appellants is required. 4.

Learned counsel for the complainant, who is though not a party but appears and opposes the grant of concession of interim bail to the appellants. 5.

Be that as it may, complainant has no role to play in the matters of bail. It is between the prosecution, the investigating agency and accused. Matters of personal liberty cannot be taken very lightly and to curtail the liberty of citizen merely VANDANA 2023.10.16 11:03 I attest to the accuracy and integrity of this document

to satisfy the ego of a complainant would result in violation of fundamental rights of a citizen.

6.

In view of the above, since custodial interrogation of appellants is no more required and they have already joined investigation and cooperated with the investigating officer, present appeal is allowed. Order dated 04.07.2023 granting interim anticipatory bail to the appellants is made absolute, subject to appellants' complying with provisions under Section 438(2) Cr.P.C. 7.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 12.10.2023 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.10.16 11:03 I attest to the accuracy and integrity of this document