Gurjinder Singh v. State Of Punjab

CRM-M-41222-2021 (O&M) -1- 2023:PHHC:165723

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41222-2021 (O&M) Date of Decision : 22.12.2023 Gurjinder Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. P.S. Ahluwalia, Advocate for the petitioner. Mr. Harjinder Singh Sidhu, AAG Punjab.

Mr. N.K. Khepar, Advocate for Mr. Swarn Tiwana, Advocate for the complainant. ALKA SARIN, J. (Oral) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.99 dated 17.08.2021 under Sections 376, 377 and 506 of the Indian Penal Code, 1860 registered at Police Station Mulepur, District Fatehgarh Sahib. 2.

On 16.11.2023 the following order was passed : "Learned counsel for the petitioner has contended that the petitioner had joined the investigation and handed over his mobile phone to the Investigating Agency as directed vide order dated 25.04.2022.

Learned State counsel on instructions from ASI Prithvi Raj Singh has stated that the only direction was to hand over the mobile phone and the petitioner has not formally joined the investigation since there was no order directing the petitioner to join the investigation. Deepak Patwal 2023.12.23 10:22 I attest to the accuracy and integrity of this document chandigarh

CRM-M-41222-2021 (O&M) -22023:PHHC:165723 List on 16.12.2023.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

3.

Learned counsel for the petitioner would contend that pursuant to the said order the petitioner has joined investigation and has fully cooperated.

4.

Learned counsel for the State, on instructions from ASI Prithvi Raj Singh, has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 16.11.2023 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

22.12.2023 (ALKA SARIN) Deepak Patwal JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Deepak Patwal 2023.12.23 10:22 I attest to the accuracy and integrity of this document chandigarh