Sukhwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33223-2024 (O&M) Date of decision: 10.12.2024 SUKHWINDER SINGH ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gurcharan Dass, Advocate, for the petitioner. Mr. Navdeep Singh, DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) CRM-48251-2024 This is an application for placing on record affidavit Annexure P-9.

Application is allowed as prayed for.

CRM-M-33223-2024 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.54 dated 17.06.2024 under Section 409 of the Indian Penal Code, 1860, registered at Police Station Payal, Police District Khanna, District Ludhiana. 2.

On 31.07.2024, while noticing the following submissions made by the learned counsel for the petitioner, a Coordinate Bench of this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- POONAM RATHORE 2024.12.10 16:23 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-33223-2024 (O&M) -2- "Learned counsel for the petitioner inter alia submits that on 13.04.2018, vide letter (Annexure P-2) written to the Executive Officer, Municipal Council, Payal, Gagan Wadhwa, Project Manager, Icon Software, Ludhiana, took four registers of Block No.1 to Block No.4 regarding property tax survey, for corrections, However, the petitioner made endorsement thereon and put the paper before the said Municipal Council, Payal, that Gagan Wadhwa has returned only three registers i.e. Block Nos.2 to 4. Petitioner retired on 31.05.2019. The register of Block No.1 was not returned to the petitioner. Same should be with Gagan Wadhwa."

3.

Learned counsel for the petitioner submits that in compliance of order dated 31.07.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions from ASI Surjit Singh, 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 31.07.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) JUDGE December 10, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.10 16:23 I attest to the accuracy and authenticity of this document High Court Chandigarh