High Court of Punjab and HaryanaCRM-M/42510/2023allowed

Jasbir Singh Johal v. State Of Punjab And Another

2024-12-12Mr. Justice Suvir Sehgal2 pages

CRM-M-42510-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (202) CRM-M-42510-2023 Date of decision:- 12.12.2024 Jasbir Singh Johal

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Sukhdeep Singh, Advocate for the petitioner.

Mr. Brijesh, AAG, Punjab for respondent No.1.

Mr. Gagandeep Singh Simble, Advocate for respondent No.2.

**** SUVIR SEHGAL, J. (Oral) 1.

On 22.07.2024, this Court passed the following order:- "This second petition has been filed under Section 438, Cr.P.C., for grant of anticipatory bail in:- FIR No.

Dated Police Station Sections 24.08.2019 Civil Lines Batala, District Gurdaspur 406/420 IPC and Section 13 of Punjab Prevention of Human Smuggling Act, Counsel for the petitioner submits that the petitioner has already paid an amount of Rs.50,000/- to the complainant as is reflected in order dated 18.04.2024 passed by this Court. He submits that the dispute was referred to the Mediation and Conciliation of this Court, but no settlement could be arrived at. He has handed over a demand draft of Rs.5 lakhs, drawn in the name of Avtar Singh, xerox copy of which is taken on record, to the counsel for the complainant.

KAMAL SHARMA 2024.12.12 16:50 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.

CRM-M-42510-2023 -2Counsel for the complainant submits that the allegation against the petitioner is that he had duped the complainant of Rs.13 lakhs out of which Rs.5.50 lakhs was entrusted to the petitioner.

Be that as it may, noticing the nature of allegations levelled against the petitioner as well as after hearing the State counsel and examining the incriminating material placed on the record by the State, this Court is of the view that the petitioner deserves to be granted interim protection.

List on 23.09.2024.

Petitioner is directed to appear before the Investigating Officer on 01.08.2024 at 10:00 A.M. at Police Station Civil Lines, Batala, District Gurdaspur and join the investigation and appear as and when called by the Investigating Officer. In the event of arrest, he shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Upon instructions received from SI, Manohar Singh, State counsel submits that the petitioner has joined the investigation pursuant to order dated 22.07.2024 passed by this Court, cooperated with the Investigating Agency and he is no longer required for custodial interrogation. 3.

In view of the above, but without commenting upon the merits of the allegations, petition is allowed. Order dated 22.07.2024 is made absolute , subject to satisfaction of conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) 12.12.2024 JUDGE Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2024.12.12 16:50 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh.