Gurwinder Singh @ Goldy v. State Of Punjab

{1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:22.07.2021 Gurwinder Singh @ Goldy ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Manpreet Ghuman, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.282 dated 22.08.2020 registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 307, 353, 186 and 427 of Indian Penal Code, 1860 at Police Station Patran, District Patiala.

On 05.03.2021, following order was passed:- "The Court has been convened through video conferencing due to Covid-19 pandemic.

Counsel for the petitioner submits that the petitioner has been

{2} falsely framed in the case. She submits that the incident took place near a Toll Plaza when the police officials allegedly tried to intercept the car which was being driven by co-accused, Soni and the co-accused instead of stopping, reversed the car, hit the vehicle of the police officials and fled away. She further submits that it is not possible to make out that the petitioner is occupant of the car from the CCTV footage on which reliance has been placed by the State.

State counsel upon instructions from ASI Gurmeet Singh submits that the petitioner is involved in two other cases registered against him under the Narcotic Drugs and Psychotropic Substances Act, 1985, though he is on bail in both the cases. As per his instructions, the petitioner has been arraigned as an accused on the basis of the supplementary statement of the complainant.

List on 22.07.2021.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. He shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Learned State counsel, on instructions from ASI Palwinder Singh submits that the petitioner has joined investigation and is no longer

{3} required for custodial interrogation.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 05.03.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE July 22, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No