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High Court of Punjab and HaryanaCRM-M/42303/2023allowed

Gurpreet Singh v. State Of Punjab

2023-11-30Mr. Justice Deepak Gupta2 pages

211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42303-2023 Date of Decision: November 30, 2023 Gurpreet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Jatin, Advocate for Mr. Bhupinder Ghai, Advocate for the petitioner. Mr. R.S. Khaira, DAG, Punjab.

Mr. Sanyam Bhardwaj, Advocate for the complainant. DEEPAK GUPTA , J.(Oral) On 01.09.2023, the following order was passed by this Court:- "Status report by way of affidavit of Shri Narinder Singh, Superintendent of Police, City Bathinda, District Bathinda on behalf of the respondent- State has been filed. On 25.08.2023, the following order was passed by this Court:- "Prayer in this petition is for grant of anticipatory bail in case FIR No.87, dated 19.07.2023, under Section 306 IPC, registered at Police Station Boha, District Mansa.

It is contended by learned counsel for the petitioner that Baljinder Singh committed suicide on 13.07.2023. His wife participated in the proceedings under Section 174 Cr.P.C., in which no allegation was made against the petitioner. However, after 6 days, she lodged FIR No.87, dated 19.07.2023 blaming the petitioner to be responsible for committing suicide by her husband. It is contended that the complainant is a police official. It is also contended that no suicide note was left by the deceased. It is also contended by learned counsel for the petitioner that there is no document regarding any partnership between the petitioner and the deceased as is being alleged in the FIR.

Notice of motion.

Mr. M.S. Nagra, AAG, Punjab accepts notice on behalf of respondentState. Mr. Kuldeep Singh Panwar, Advocate has appeared and filed power of attorney on behalf of the complainant. Copy of paper book be supplied to them during the course of day. It is stated by learned State counsel that deceased was made as a partner as a Secretary in association Khalsa Rural Medical Society.

SARITA RANI 2023.11.29 16:22 I attest to the accuracy and integrity of this document/order

CRM-M-42303-2023 - 2 - Let complete status report be filed by respondent-State. Reply, if any, may also be filed by the complainant. Adjourned to 01.09.2023."

In the status report filed today, it is conceded that on 13.07.2023, when the suicide was committed by Baljinder Singh, statement was made by his wife as well as father to the effect that they do not have any suspicion on anybody and that FIR has been lodged six days after the commission of the suicide. Of course, there is a reference of money transaction between the petitioner and the deceased and also there is reference of call detail records. Having considered the submissions of the both the sides, let the petitioner join the investigation. As such, in case of his arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when so required by the Investigating Officer.

He shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C.

Adjourned to 20.11.2023."

Today, on instructions from ASI Raj Kumar, learned State counsel has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 01.09.2023 and is no longer required for further investigation.

In view of the aforesaid, the order dated 01.09.2023, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

Disposed of.

November 30, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.11.29 16:22 I attest to the accuracy and integrity of this document/order