Parminder Singh @ Seepa v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 21.11.2024 Parminder Singh @ Seepa .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Karanjeet Singh Brar, Advocate, for the petitioner. Mr. Siddharth Attri, AAG, Punjab assisted by ASI Jang Singh.

***** FIR NO.

DATE POLICE STATION OFFENCES 0058 07.06.2024 Sadar Malout, District Sri Muktsar Sahib 304, 34 IPC GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

Today, learned State counsel has filed a copy of DDR vide which offence punishable under Section 302 IPC has been added. The same is taken on record.

3.

At the time of issuance of interim bail the following order was passed on 06.08.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 0058, dated 07.06.2024, Police

- 2 - Station Sadar Malout, District Sri Muktsar Sahib, under Sections 304, 34 IPC.

The FIR was lodged at the instance of Surjit Singh wherein it is alleged that his son Jagmeet Singh was addicted to drugs, which he used to purchase from Prem Ram and Boota Ram. It is further alleged that on 06.05.2024 at about 1 PM complainant's son went along with Parvinder Singh @ Seepa (petitioner) and Jaswant Singh on their motorcycle. At about 2 PM when the complainant was sitting outside his house then Parvinder Singh and Jaswant Singh passed in front of his house on their motorcycle, but his son was not accompanying them. Complainant's son did not return home till 7 PM. When the complainant went to look out for his son then Sewak Singh met him and disclosed that he had seen complainant's son Jagmeet Singh along with Parvinder Singh and Jaswant Singh. Later, the dead body of Jagmeet Singh was found near cremation ground.

One syringe and an empty injection was also lying nearby. Complainant alleged that his son had died due to over-dose of drugs and that he strongly suspected that his son had died on account of the drugs purchased by him from Prem Ram and Boota Ram. It is further the case of prosecution that during the course of investigation statement of one Sukhwant Singh was recorded who disclosed that Parminder Singh and Jaswant Singh had been seen by him along with Jagmeet Singh and that while Jaswant Singh had held deceased by his arm and Parminder Singh was injecting something in his arm.

Learned counsel submits that admittedly even as per the FIR the deceased was an addict. It has been submitted that even if it is believed that the petitioner had been supplying drugs, the same cannot be construed that he was responsible for his death. It is further submitted that the alleged statement of Sukhwant Singh is a cooked up story and the veracity of the same would be debatable. Learned counsel submitted that at best it is a case where the deceased had died on account of over-dose of drugs as he was admittedly an addict.

- 3 - Notice of motion for 21.11.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

4.

Learned State counsel, upon instructions from ASI Jang Singh has informed that pursuant to the interim directions, the petitioner has joined investigation. It has however, been informed that now offence under Section 302 IPC has also been added.

5.

Having regard to the facts and circumstances of the case particularly the fact that the petitioner has already joined investigation, the instant petition is accepted and the interim directions issued by this Court vide order dated 06.08.2024 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

6.

The aforesaid order shall enure offence under Section 302 IPC as well.

21.11.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No