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High Court of Punjab and HaryanaCRM-M/34435/2023allowed

Jasbir Singh v. State Of Punjab

2023-09-28Mr. Justice Aman Chaudhary2 pages

 

               CRM-M-34435-2023 

         

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State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present:

None ***** AMAN CHAUDHARY. J.

1.

In view of the request letter circulated by Bar Association, the lawyers are abstaining from work.

2.

On 19.07.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.128 dated 23.05.2023, registered under Sections 420, 468, 471, 120-B IPC at Police Station Patran, Patiala. Learned counsel contends that the petitioner is a distributor of Vodafone and Idea and issues Sim cards to customers. He has been falsely implicated in the case. The alleged incident is of year 2016, where there is no specific allegation that the said sim cards were used for committing any crime of extortion etc. and further that most of them were nonfunctional. He is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 26.07.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 05.09.2023."

MOHIT 2023.09.29 17:09 I attest to the accuracy and authenticity of this order/judgment

CRM-M-34435-2023 -23.

ASI Charanjit Singh appears in person and submits that the petitioner has joined the investigation and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for any custodial interrogation.

4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 19.07.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C. 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

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   ( ') MOHIT 2023.09.29 17:09 I attest to the accuracy and authenticity of this order/judgment