Shamsher Singh And Others v. State Of Punjab

2023:PHHC:120101 CRM-M-31796-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-31796-2023 (O&M) Date of decision: September 13, 2023 Shamsher Singh and others ....Petitioners versus State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Rajeshwar Singh, Advocate for petitioners. Mr. Dhruv Dayal, Additional AG Punjab.

***** ARUN MONGA, J. (ORAL) Petition herein is under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to the petitioners in case FIR No.101 dated 07.05.2023, registered under Sections 323, 324, 326, 341, 148 and 149 of the Indian Penal Code, 1860, at Police Station, Jandiala, Amritsar. 2.

Learned counsel for the petitioners inter alia submits that there is unexplained delay of 05 months in registering the FIR in question. Learned counsel further submits that pursuant to earlier order dated 06.07.2023 passed by this Court, petitioners have joined the investigation and have fully cooperated in the same. 3.

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

In view of the above, as far as this case is concerned, since custodial interrogation of petitioners is no more required, and they have already joined investigation and cooperated with the investigating officer, present petition is allowed. Order dated 06.07.2023 granting interim anticipatory bail to the petitioners is made absolute, subject to petitioners' complying with provisions under Section 438(2) Cr.P.C. 5.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE September 13, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.09.14 10:19 I attest to the accuracy and authenticity of this order/ judgment