Avtar Singh v. State Of Punjab

CRM-M-35988-2023 2023:PHHC:116547

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35988-2023 Date of decision: 05.09.2023 Avtar Singh ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Arjunveer Sharma, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

*** AMAN CHAUDHARY, J 1.

On 27.07.2023, 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.140 dated 20.08.2022, registered under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 IPC at Police Station Machhiwara, District Ludhiana.

Learned counsel contends that the name of the petitioner surfaced based on disclosure statement of coaccused Swaran Singh recorded on 06.04.2023 i.e. after 8 months of lodging of the FIR, who was implicated in the case on account of the fact that he was owner of the tractor involved in the alleged offence. The said coaccused has been granted anticipatory bail vide order dated 24.01.2023. There is no recovery that is to be effected from the petitioner. He is not involved in any other case and 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 03.08.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to Ankur Goyal 2023.09.05 17:48 I attest to the accuracy and integrity of this order/judgment

CRM-M-35988-2023 2023:PHHC:116547 compliance of the 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. "

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further 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 27.07.2023 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.

(AMAN CHAUDHARY ) 05.09.2023 JUDGE Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.09.05 17:48 I attest to the accuracy and integrity of this order/judgment