Simranjeet Singh Alias Simma v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.10.2023 Simranjeet Singh @ Simma .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Manpreet Kaur, Advocate for Mr. Angel Walia, Advocate for the petitioner. Mr. Jaswinder Singh Arora, DAG, Punjab.

Mr. Rishab Goyal, Advocate for respondent No. 2. NIDHI GUPTA, J. (ORAL) The petitioner has filed the present 1st petition seeking prearrest bail in FIR No. 48 dated 10.05.2023 (Annexure P-1) registered under Sections 376, 506 and 120-B IPC at Police Station Sultanwind, Amritsar.

On 17.07.2023, this Court had passed the following order :- "Prayer in this petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 48 dated 10.5.2023, under Sections 376, 506 and 120-B IPC, registered at Police Station Sultanwind, Amritsar.

As per statement of the complainant, on 09.5.2023 at about 10 PM, the present petitioner alongwith co-accused Sajan @ Kanna came to their house and took her husband to the market. After about ten minutes, co-accused Sajan @ Kanna entered to her house after jumping over the wall and committed rape upon her/prosecutrix.

Learned counsel for the petitioner submits that now the matter has been compromised between the complainant

-2and the accused persons and also referred to the affidavit of the prosecutrix (Annexure P- 2), in para 3 of which, she has specifically stated that she do not want to take any action against Sajan @ Kanna and Simranjeet Singh @ Simma (petitioner herein) and she has no objection if the present FIR is cancelled or the accused are acquitted. Notice of motion.

On asking of the Court, Ms. Kanika Sachdeva, AAG, Punjab accepts notice on behalf of respondent-State, who seeks time to file the status report in the matter. Mr. Rishab Goyal, Advocate has put in appearance and filed Power of Attorney on behalf of complainant/respondent No.2. The same is taken on record. Adjourned to 06.10.2023.

In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as envisaged under Section 438(2) Cr.P.C.:- iv) that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required ;

v) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer ;

vi) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

Meanwhile, State counsel is directed to file an affidavit/status report as to the exact role of the petitioner alongwith the details of pending FIRs, if any, on or before the next date of hearing."

Learned counsel for the petitioner submits that in compliance of the order dated 17.07.2023 passed by this Court, the petitioner has joined the investigation.

Learned State counsel, on instructions from ASI Angrej Singh states that in terms of the order passed by this Court, reproduced above, the petitioner has joined the investigation; and is co-operating with the investigating agency, and no further interrogation is required, at

-3this stage.

In view of the above, the order dated 17.07.2023 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so. In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

06.10.2023 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No