Varinder Singh @ Sajan v. State Of Punjab

CRM-M-38232-2023 2023:PHHC:122764

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38232-2023 Date of decision: 19.09.2023 Varinder Singh @ Sajan ..Petitioner

Versus

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

Present:

Mr. Sukhbir Maandi, 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.08 dated 23.01.2023, registered under Sections 452, 323, 427, 148, 149 and 506 IPC (offence under Section 326 IPC added lateron) at Police Station Khilchian, District Amritsar. Learned counsel for the petitioner contends that it is a case of version and cross version as on statement of the father of the petitioner, an FIR has been lodged against injured-Lovepreet in Rapat No.31 dated 25.01.2023, wherein afterwards Section 326 IPC has also been added vide Rapat No.23 dated 18.02.2023.

Injury attributed to the petitioner in the present case, as per the FIR is on little finger of injured-Lovepreet and even the injury attributed to the co-accused Akashdeep Singh also attracted the offence under Section 326 IPC, who has been granted anticipatory bail by this Court vide order dated 21.07.2023 (Annexure P-2). Coaccused Jobanjeet Singh @ Jobi has also been granted anticipatory bail vide order dated 28.07.2023 (Annexure P-3). The petitioner is ready and willing to join the investigation as and when required by the investigating agency.

Notice of motion.

Ankur Goyal 2023.09.20 09:10 I attest to the accuracy and integrity of this order/judgment

CRM-M-38232-2023 2023:PHHC:122764 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 arrest of the petitioner, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance 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 19.09.2023."

2.

Learned counsel submits that in pursuance of the aforementioned 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 ) 19.09.2023 JUDGE Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.09.20 09:10 I attest to the accuracy and integrity of this order/judgment