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High Court of Punjab and HaryanaCRM-M/51691/2021allowed

Gurwinder Singh v. State Of Punjab

2022-08-18Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.51691 of 2021 Date of Decision: 18.08.2022 Gurwinder Singh ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Sarbuland Manu, Advocate for Mr. Sant Pal Singh Sidhu, Advocate for the petitioner.

Mr. K.K. Bheniwala, Addl.,A.G, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail in case bearing FIR No.350 dated 11.11.2021 registered under Sections 279, 307, 34 IPC (Section 323 IPC added later on) and Sections 25 and 27 of the Arms Act at Police Station City Ferozepur, District Ferozepur.

On 06.01.2022, following order was passed by this Court:- "This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

Learned counsel for the petitioner while

reiterating that the petitioner is not involved in any other criminal case and the present FIR has been registered with ulterior considerations and in fact it was the petitioner and other occupants of the vehicle who were attacked, states that the co-accused allegedly armed with a weapon, alleged to have fired some shots in the air has been afforded the concession of anticipatory bail. Learned counsel for the petitioner further submits that a co-accused of the petitioner has filed CWP23567-2021 seeking fair investigation into the matter in which notice of motion has been issued for 13.01.2022. Learned counsel for the State, on instructions from ASI Kuldeep Singh, verifies that the petitioner is not involved in any other criminal case and the coaccused Vardev Singh Maan @ Noni Maan has been afforded anticipatory bail.

Adjourned to 21.03.2022.

In the meanwhile, petitioner shall appear before the Investigating Officer on 08.01.2022 at 11:00 A.M. and join investigation. In the event of his arrest, petitioner shall be released on bail to the satisfaction of Investigating Officer. Petitioner shall comply with the conditions stipulated in Section 438(2) Cr.P.C. 

    Learned counsel for the petitioner submits that the vehicle of the petitioner was attacked, in which the petitioner and other occupants were sitting. The co-occupant of the

vehicle allegedly armed with a weapon, fired some shots in the air. The said co-accused has already been granted anticipatory bail. Even for fair investigation, the co-accused of the petitioner has filed CWP No.23567 of 2021, which is still pending in the High Court.

Learned counsel further submits that in compliance of the order dated 06.01.2022, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Baldev Singh admits the aforesaid fact.

In view of aforesaid situation, the interim order dated 06.01.2022 is made absolute. However, petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 18.08.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No