Sukhjinder Singh Alias Laddi v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31155-2024 Date of decision: 21.10.2024 SUKHJINDER SINGH ALIAS LADDI ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Bhupinder Kaur, Advocate, for the petitioner. Mr. Navdeep Singh, DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case bearing FIR No.85 dated 21.03.2024, registered for the offences punishable under Sections 21/29 of the NDPS Act, at Police Station City Kapurthala, District Kapurthala.

2.

On 15.07.2023, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner, inter alia, contends that the petitioner is innocent and has been falsely implicated in the present case on the basis of a disclosure statement allegedly suffered by co-accused Joginder Kaur alias Rajji from whom a POONAM RATHORE 2024.10.22 10:42 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-31155-2024 -2recovery of 25 grams of heroin was alleged affected. It has been argued by the learned counsel that the disclosure statement on the basis of which he has been nominated has an accused in the present case is of a weak nature and all this requires to be appreciated from the fact that the petitioner has never been involved in any other case under the NDPS Act." 3.

Learned counsel for the petitioner submits that in compliance of order dated 15.07.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 15.07.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

6.

Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same.

(MANJARI NEHRU KAUL) JUDGE October 21, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.10.22 10:42 I attest to the accuracy and authenticity of this document High Court Chandigarh