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High Court of Punjab and HaryanaCRM-M/38260/2023allowed

Pardeep Kumar v. State Of Punjab

2023-09-20Mr. Justice Aman Chaudhary2 pages

CRM-M-38260-2023 2023:PHHC:123442

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38260-2023 Date of decision: 20.09.2023 Pardeep Kumar ..Petitioner

Versus

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

Present:

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

*** AMAN CHAUDHARY, J.

1.

On 07.08.2023, 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.179 dated 15.07.2023, registered under Sections 13-A, 3 of The Public Gambling Act, 1867 and 420 of IPC at Police Station Sahnewal, District Police Commissionerate Ludhiana. Learned counsel contends that the petitioner has been falsely implicated on account of party faction. The ingredients of Section 420 IPC are not made out, inasmuch as there is no complaint received from any victim, who was allegedly cheated by the petitioner. Other offences alleged against the petitioner are under the Gambling Act, which are bailable. Both the other co-accused have been granted bail. He is not involved in any other case. The petitioner is ready and willing to join the 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 14.08.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of 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 20.09.2023."

ASHOK KUMAR 2023.09.20 16:07 I attest to the accuracy and integrity of this document

CRM-M-38260-2023 2023:PHHC:123442 2.

Learned counsel submits that in pursuance of the afore-mentioned 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 on instructions 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 any 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 07.08.2023 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 ) 20.09.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.09.20 16:07 I attest to the accuracy and integrity of this document