Jagjit Singh @ Kala @ Jaggi Singh v. State Of Haryana

2024:PHHC:032189

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-45571-2023 Date of decision: 06.03.2024 JAGJIT SINGH @ KALA @ JAGGI SINGH

...Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present: - Ms. Kuljeet Kaur, Advocate for Mr. Vishavjeet Singh Brar, Advocate for the petitioner.

Mr. Aashish Bishnoi, DAG, Haryana.

SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 23.08.2023 21(a) of Narcotic Drugs and Psychotropic Substances Act, 1985 Rori, District Sirsa 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 14.02.2024 passed by this Court, the petitioner has joined the investigation.

3.

Learned State counsel informs the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial investigation.

CRM-M-45571-2023 2024:PHHC:032189 4.

During the course of hearing on 14.02.2024 following order was passed:

"1.

Heard.

2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and is neither named in the FIR nor having any concern with the alleged recovery. She further contends that disclosure statement of the co-accused, namely Gurdas @ Kala is debatable qua its admissibility.

3.

Considering the facts and circumstances of the case, it is deemed appropriate that the petitioner should join investigation first, before deciding his bail application on merits.

4.

Accordingly, the petitioner is directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.

5.

Adjourned to 04.03.2024."

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 14.02.2024 passed by this Court, interim bail granted vide order dated 14.02.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will

CRM-M-45571-2023 2024:PHHC:032189 influence the witnesses and will not leave the country without prior permission of the Court.

6.

The petition stands allowed.

7.

It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. (SANJIV BERRY) JUDGE 06.03.2024 k.nain i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No