Sarabjit Singh v. State Of Punjab

CRM-M-37714-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37714-2024 Decided on : 05.12.2024 Sarabjit Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. J.S.Dadwal, Advocate for the petitioner.

Mr. Navdeep Singh, DAG, Punjab.

Mr. Vicky Sharma, Advocate for the complainant.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.PC for grant of anticipatory bail to the petitioner in case FIR No.77 dated 01.04.2024 under Section 302, 120-B IPC and Section 25 and 27 of Arms Act added later on registered at Police Station Jandiala, District Amritsar Rural.

2.

On the last date of hearing i.e. on 29.08.2024, while noticing the following submissions made by the learned counsel for the State, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation: "On being put to notice learned State counsel has not disputed that the petitioner came to be nominated as an accused after 2-1/2 months of the alleged occurrence by SONIA BURA 2024.12.09 10:29 I attest to the accuracy and integrity of this document

CRM-M-37714-2024 -2way of supplementary statement made by the complainant. However, it has been submitted that in the supplementary statement, the complainant stated that he suspected the involvement of the petitioner in the alleged crime." 3.

Learned counsel for the petitioner submits that in compliance of order dated 29.08.2024, petitioner has joined the investigation and cooperated with the investigating officer. 4.

Learned State counsel on instructions from SI Jaswinder Singh, has not disputed the submissions made by the counsel for the petitioner and is not required for custodial interrogation. 4.

Learned counsel appearing for the complainant has also not disputed that it is a case based on eyewitness account nor it has been disputed that the complainant had not raised any suspicion qua the involvement of the petitioner in the crime in question and it was much later that he made a statement under Section 161 Cr.PC stating that he suspected that the petitioner could be involved in the crime in question.

5.

In view of the above, present petition is allowed and interim order dated 29.08.2024 is made absolute subject to the conditions as envisaged in Section 438(2) Cr.PC/482(2) BNSS. (MANJARI NEHRU KAUL) 05.12.2024 JUDGE sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.12.09 10:29 I attest to the accuracy and integrity of this document