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High Court of Punjab and HaryanaCRM-M/36019/2024allowed

Jagjit Singh v. State Of Punjab

2024-12-10Ms. Justice Nidhi Gupta4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 10.12.2024 Jagjit Singh .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Bhavyadeep Walia, Advocate for the petitioner. Mr. Kunwarbir Singh, A.A.G., Punjab.

*** NIDHI GUPTA, J. (ORAL) Prayer in this 1st petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 106 dated 28.07.2017 registered under Sections 406 and 498-A IPC at Police Station Ajnala, District Amritsar.

On 29.07.2024, when this case was listed for hearing, following order was passed by this Court:- "Prayer in this 1st petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No. 106 dated 28.07.2017 registered under Sections 406 and 498-A IPC at Police Station Ajnala, District Amritsar.

Learned counsel for the petitioner, inter alia, submits that petitioner was married to the complainant on 12.10.2007. It is submitted that the allegations against the petitioner in the present case are to the effect that the petitioner pressurizes the complainant to get her share of land from her mother; or the

-2petitioner gave beatings to the complainant; and that he stole money from the purse of the complainant etc., are utterly false and fabricated. It is submitted that though the FIR was registered on 28.07.2017, however, the challan in the matter has still not been presented; and the FIR is still under investigation, this is so as no evidence was found against the petitioner. Moreover, it is submitted that the petitioner has not been declared as proclaimed offender, till date. Nothing has to be recovered from the petitioner, therefore, his custodial interrogation is not required. The petitioner is ready to join the investigation as and when required and shall abide by all the terms and conditions imposed upon him. Notice of motion.

On the asking of Court, Mr. Kunwarbir Singh, AAG, Punjab, accepts notice on behalf of respondent-State. Adjourned to 10.12.2024.

In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as envisaged under Section 438(2) Cr.P.C.

i.

that the petitioner shall make himself available for interrogation before the Investigating Officer as and when required;

ii.

that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

iii.

that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

-3Meanwhile, State counsel is directed to file an affidavit/status report as to the exact role of the petitioner along with details of pending FIRs, if any, on or before the next date of hearing."

Learned counsel for the petitioner submits that in compliance of the order dated 29.07.2024 passed by this Court, the petitioner has joined investigation on 14.08.2024. Learned counsel for the State, on instructions from ASI Rattan Singh, confirms that the petitioner has joined investigation on 14.08.2024 and is co-operating with the investigating agency, and no further interrogation is required, at this stage. In view of the above, the order dated 29.07.2024 granting interim bail to the petitioner is made absolute. However, the petitioner will abide by the conditions stipulated under Section 438(2) Cr.P.C. He will also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so. In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but is not cooperating, it will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

-4Pending application, if any, stands disposed of. 10.12.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No