Gurjit Singh Alias Gurjeet Singh v. State Of Punjab

218-A

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 11.09.2023 Gurjit Singh @ Gurjeet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Karan Vir Nanda, Advocate for the petitioner.

Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 02.05.2023 Vigilance Bureau, FS-I, SAS Nagar (Mohali), Punjab 409, 420, 465, 466, 468, 471, 120-B IPC and Section 13(1)(a) read with Section 13(2) of Prevention of Corruption Act as amended by PC (Amendment) Act 2018 1.

The petitioner apprehending arrest in the FIR captioned above, had come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.

Vide order dated 31.07.2023, the petitioner was granted interim protection, which is continuing till date. On 01.09.2023, interim order was extended subject to complying with some conditions.

3.

Petitioner's counsel submits that they have voluntarily complied with the previous order dated 01.09.2023 and handed over the affidavit to counsel for the State. 4.

However, on instructions from Inspector Inderpal Singh, counsel for the State has opposed the bail on the ground that now all the beneficiaries are depositing the entire compensation amount and some have even deposited the interest accrued thereupon. At this, petitioner's counsel submits that they would also deposit the balance of compensation amount within a week.

5.

Given the candid stand of the petitioner, petitioner is directed to deposit the entire

compensation amount by 18.09.2023. It is clarified that although the affidavit has been handed over to the State but after deposit of the compensation amount, the investigator shall return the original affidavit to the petitioner. It is further clarified that since the offer of returning the entire compensation amount is voluntary, it is clarified that in case, the petitioner fails to deposit the fine till 18.09.2023, this order as well as the previous bail order dated 01.09.2023, shall stand recalled without any further reference to this Court.

6.

The petitioner is directed to join the investigation as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer; and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, it will be open for the prosecution to seek cancellation of the bail. Whenever the investigation occurs within the police premises, the petitioner shall not be called before 8 AM, let off before 6 PM, and shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 7.

During the trial's pendency, if the petitioner repeats or commits any offence where the sentence prescribed is more than seven years or violates any condition as stipulated in this order, it shall always be permissible to the respondent to apply for cancellation of this bail. It shall further be open for any investigating agency to bring it to the notice of the Court seized of the subsequent application that the accused was earlier cautioned not to indulge in criminal activities. Otherwise, the bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of conditions.

8.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.

9.

This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law. 10.

In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offence in this FIR, and if the new section prescribes maximum sentence which is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above, then, in that case, the

Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days providing an opportunity to avail the remedies available in law.

11. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 12.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 13.

Petition is allowed in the terms mentioned above. Interim order dated 31.07.2023, is made absolute. Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 11.09.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.