High Court of Punjab and HaryanaCRM-M/39530/2020disposed of

Baljinder Singh v. State Of Punjab

2021-02-17Mr. Justice Mahabir Singh Sindhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.39530 of 2020 (O&M) Date of Decision: 17.02.2021 Baljinder Singh ......... Petitioner

Versus

State of Punjab ......... Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Harlove Singh Rajput, Advocate for the petitioner. Mr. V.G. Jauhar, Senior D.A.G. Punjab.

**** MAHABIR SINGH SINDHU, J. (Oral) Second petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in FIR No.61 dated 25.03.2016, under Sections 406 and 420 of Indian Penal Code, registered at Police Station Dera Bassi, District SAS Nagar, Mohali. This Court, while issuing notice of motion on 27.11.2020, passed the following order:- "

Inter-alia contends that suit of the complainant (plaintiff) for specific performance of agreement to sell dated 20.12.2013 has already been decreed; thus the present FIR is only misuse of the process of law.

Notice of motion for 17.02.2021.

In the meanwhile, petitioner will join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail in the present case till the next date of hearing on his furnishing SACHIN MEHTA 2021.02.17 17:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.39530 of 2020 (O&M) -2adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C. "

Contends that in terms of the above order, petitioner has joined the investigation.

Learned State Counsel, on instructions from A.S.I. Mewa Singh, has acknowledged that in terms of order dated 27.11.2020, petitioner has joined the investigation and his custodial interrogation is not required. In view of above, interim order dated 27.11.2020 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

Disposed off accordingly.

( MAHABIR SINGH SINDHU ) February 17th, 2021 JUDGE Sachin M.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No SACHIN MEHTA 2021.02.17 17:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh