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High Court of Punjab and HaryanaCRM-M/50315/2021disposed of

Joginder Singh Alias Soni v. State Of Punjab

2022-03-31Mr. Justice Sureshwar Thakur2 pages

CRM-M No. 50315 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 50315 of 2021 Date of Decision: 31.3.2022 Joginder Singh alias Soni ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. N.S.Dadwal, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

**** SURESHWAR THAKUR , J.

(ORAL) 1.

In FIR bearing No. 0205 of 8.10.2021, registered at Police Station City Jagraon, District Ludhiana Rural, offences constituted under Sections 365, 149 IPC, are embodied.

2.

The learned counsel for the petitioner argues, that since coaccused namely, Gaurav Goyal, and, Sanjeev Kumar @ Sonu had been admitted to regular bail by the learned Additional Sessions Judge, Ludhiana. Therefore, he argues that similar thereto treatment be accorded to the present petitioner.

3.

The learned State counsel submits, that the petitioner has joined investigations, and, is no longer required for any custodial interrogation. He further submits, that the role of the petitioner, in the incriminatory offences (supra), is similar to the one, as attributed to co-accused Gaurav Goyal, and, Sanjeev Kumar @ Sonu, who have already been granted regular bail by the learned Court below. Consequently, when the incriminatory role of the bail GURPREET SINGH 2022.04.01 16:58 I attest to the accuracy and authenticity of this document Chandigarh applicant-petitioner in the afore offences, is similar to the above, therefore,

CRM-M No. 50315 of 2021 -2parity of treatment has to be accorded to the bail applicant-petitioner with the afore co-accused.

4.

Therefore, this Court does not deem it fit, and, appropriate to order for the custodial interrogation of the petitioner, as it would unnecessarily fetter, and, curtail his personal liberty. 5.

Consequently, the instant petition is allowed, and, the order made by this Court on 2.12.2021, is made absolute on the same terms and conditions.

6.

The afore observations are meant only for the disposal of the present petition, and, shall not affect the merits of the trial arising from the FIR (supra).

(SURESHWAR THAKUR) JUDGE March 31, 2022 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2022.04.01 16:58 I attest to the accuracy and authenticity of this document Chandigarh