High Court of Punjab and HaryanaCRM-M/47242/2023allowed

Gurpreet Alias Rinku v. State Of Punjab

2023-12-12Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:158746 CRM-M-47242-2023 Date of decision: December 12th, 2023 Gurpreet @ Rinku .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Manmeet Singh Bindra, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.84 dated 23.07.2023 under Sections 379 and 34 of the Indian Penal Code, 1860, registered at Police Station Maqsudan, District Jalandhar Rural. Vide order dated 19.09.

2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner, inter alia, contends that the petitioner has been nominated as an accused on the basis of a disclosure statement allegedly suffered by Sharanjit Singh @ Mangal, who alleged that the petitioner was one of the four persons, who were accompanying him when the theft in question was committed from a construction site. Learned counsel submits that the petitioner has clean antecedents as he is not involved in any other criminal case much less a case of similar nature. Learned counsel has also brought to the notice of this Court that co-accused Sharanjit Singh @ Mangal has since been enlarged on PUNEET SACHDEVA 2023.12.

12 14:21 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-47242-2023 -2bail and the recovery of the stolen goods already stands effected from him."

Learned counsel for the petitioner submits that in compliance of order dated 19.09.2023, the petitioner has joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions from ASI Sarabjit Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. In view of the above, the petition is allowed and interim order dated 19.09.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

December 12th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.12 14:21 I attest to the accuracy and integrity of this document.

Chandigarh