Nasib Singh Alias Raju v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh ( I ) CRM-M-37023-2019 (O&M) Date of Decision:-10.12.2019 Nasib Singh @ Raju ... Petitioner

Versus

State of Punjab ... Respondent ( II ) Sukhwinder Singh @ Jaggu ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jansher S. Bajwa, Advocate for Ms. Gursharan K. Mann, Advocate for the petitioner(s). Ms. Ruchika Sabherwal, Assistant Advocate General, Punjab, assisted by ASI Rajinder Singh.

***** GURVINDER SINGH GILL, J.

1.

This order shall dispose of the aforesaid two petitions filed on behalf of the petitioners, Nasib Singh @ Raju and Sukhwinder Singh @ Jaggu, seeking grant of anticipatory bail in respect of a case registered vide FIR No.0004 dated 8.1.2019 at Police Station City Zira, District Ferozepur under Sections 363-A, 366 and 120-B of Indian Penal Code, 1860.

( 2 ) CRM-M-37023-2019 (O&M) 2.

The FIR was lodged at the instance of Labha Singh, wherein it has been alleged that his daughter aged 16-1/2 years went missing from home and upon making inquiry he came to know that Rinku @ Ranjit Singh, who had been keeping an evil eye on his daughter, had kidnapped his daughter in connivance with his father Nasib Singh @ Raju, his mother Manjit Kaur and brother Sukhwinder Singh @ Jaggu and Karamjit Kaur on the pretext of marrying her.

3.

The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the present case solely on the basis of a suspicion and that infact it is a case where the complainant's daughter had apparently left her parental home on her own accord. 4.

Opposing the petition, the learned State counsel has submitted that since neither the complainant's daughter nor Rinku @ Ranjit Singh i.e. son of petitioner Nasib Singh @ Raju and brother of petitioner Sukhwinder Singh @ Jaggu have been recovered, no case for grant of bail is made out. It has, however, been informed that the petitioners have since joined investigation. 5.

I have considered rival submissions addressed before this Court. 6.

The learned State counsel upon instructions from ASI Rajinder Singh, who is present in Court, has informed that the petitioners are not required for any investigation at this stage.

7.

In view of the facts and circumstances of the case, wherein the main allegations pertaining to alleged kidnapping of complainant's daughter are levelled against Rinku @ Ranjit Singh and while bearing in mind that the petitioners have already joined investigation and are no longer required by the police, their custodial interrogation is not warranted. The petitions, as

( 3 ) CRM-M-37023-2019 (O&M) such, are accepted and the interim directions issued by this Court vide orders dated 4.9.2019 and 13.9.2019 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 10.12.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No