Chamkaur Singh @ Ricky v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CRM-M No.43233 of 2019 Date of Decision: 03.09.2021 CHAMKAUR SINGH @ RICKY ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Ms. Sushma Chopra, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail in case bearing FIR No.0102 dated 25.07.2019 registered under Section 307 IPC and Section 25 of the Arms Act at Police Station Kot Ise Khan, District Moga.

On 14.10.2019, following order was passed by this Court:- "It is contended by the counsel for the petitioner that there is not even any allegation that in the alleged incident any person was injured. Rather, the FIR in question has been fabricated by the police for the oblique reasons because father of the petitioner has been President of the Truck Union and this was not to the liking of the Education Minister of the State. Hence, the FIR has

been registered under political pressure.

Notice of motion for 05.02.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C. 14th October, 2019 (RAJBIR SEHRAWAT) raj JUDGE"

Learned counsel for the petitioner submits that there is no allegation in the FIR that any person was injured in the occurrence.

Learned counsel further submits that the FIR is the result of fabrication by the Police official because father of the petitioner has been elected as President of the Truck Union and the same was not as per liking of the Minister of the State. Petitioner has joined the investigation in compliance of order dated 14.10.2019.

On 05.02.2020, learned State counsel projected a case that the petitioner has not co-operated with the Investigating Officer by not facilitating the recovery of pistol from which the firing was done.

Today, learned State counsel on instructions from ASI Major Singh submits that the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer

and is no more required for further investigation of the case. In view of the statement made by learned State counsel, the interim order dated 14.10.2019 is made absolute. However, the 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) September 03, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No