Jaswinder Singh v. State Of Punjab

2023:PHHC:059038 203 (1) CRM-M-51368-2022 Date of Decision: 26.04.2023 Jaswinder Singh ......... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. S.S. Kamboj, Advocate for the peƟƟoner.

Mr. Virat Rana, AAG, Punjab.

Mr. Vishavjeet S. Brar, Advocate for the complainant. **** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 09.04.2022 Pasyana, 379, 447, 511, 120- B IPC District PaƟala The peƟƟoner apprehending arrest in the FIR capƟoned above, has come up before this Court under SecƟon 438 CrPC seeking anƟcipatory bail. 2.

Vide order dated 09.11.2022, a co-ordinate Bench of this Court had granted interim anƟcipatory bail to the peƟƟoner.

3.

Counsel for the peƟƟoner submits that the peƟƟoner had joined the invesƟgaƟon. He further submits that he would have no objecƟon in case any stringent condiƟons this Court might put upon the peƟƟoner. 4.

This fact has not been disputed by the State counsel on the instrucƟons from the concerned official. However, State counsel as well as counsel for the complainant has opposed the bail. He further submits that in case this Court is inclined to give the bail to the peƟƟoner then it should be subject to the strict and stringent condiƟons. 5.

Given above, the present peƟƟon is allowed and the interim order dated 09.11.2022 is made absolute, subject to the following condiƟons: (i) Given the nature of allegaƟons and the other circumstances peculiar to this case, the peƟƟoner shall surrender all weapons, firearms, ammuniƟon, if any, along with the arms license to the concerned authority within ten days from today and inform the InvesƟgator about the compliance. However, subject to JYOTI 2023.04.26 15:31 I attest to the accuracy and integrity of this order/judgment.

the Indian Arms Act, 1959, the peƟƟoner shall be enƟtled to renew and take it back in case of acquiƩal in this case.

CRM-M-51368-2022 2023:PHHC:059038 (ii) T he peƟƟoner shall forward on separate notarized affidavits, to the InvesƟgator/SHO and the complainant/vicƟm(s) the complete details of bank account numbers with addresses, fixed deposits, DEMAT account numbers, the current market value of jewelry, sovereign metals, all precious arƟcles, held either individually or jointly, and cash-in-hand. It is clarified that condiƟons are complied with by 15.05.2023 posiƟvely. It is further clarified that if the peƟƟoner fails to comply with these condiƟons, then on this ground alone, the bail might be canceled, and the complainant may file any such applicaƟon for the cancellaƟon of bail, and State shall file the said applicaƟon. (ANOOP CHITKARA) JUDGE 26.04.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.04.26 15:31 I attest to the accuracy and integrity of this order/judgment.