Gurpreet Singh @ Gopy v. State Of Punjab

CRM-M-52758-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52758-2022 Date of Decision: 06.02.2023 Gurpreet Singh @ Gopy ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Harpal Singh, Advocate for the petitioner.

Mr. Subhash Godara, Addl. AG, Punjab.

HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No.172 dated 21.09.2022, registered under Section 21(1), 4(1) of The Mine and Minerals Act, 1957 and Section 379 of the Indian Penal Code, 1860, registered at Police Station Sadar Patti, District Tarn Taran.

On 16.11.2022, the following order was passed by a co-ordinate Bench of this Court :- "Notice of motion for 06.02.2023.

Meanwhile, in the event of arrest, the pettioner be released on interim bail subject to his furnishing personal bonds and surety to the satistaction 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."

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. Learned State counsel on instructions from ASI Harjinder Singh has not disputed the aforesaid fact of joining the investigation by the HIMANI GUPTA 2023.02.10 17:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CRM-M-52758-2022 -2petitioner and submits that his custodial interrogation is not required at this stage.

Heard learned counsel for the parties.

It is submitted that co-accused have already been granted regular bail and since the petitioner has joined the investigation and his custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 16.11.2022 by the Co-ordinate Bench of this Court is made absolute.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that if the petitioner fails to comply with any of the bail conditions laid down under Section 438(2) Cr.P.C, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

The petition is accordingly disposed of.

06.02.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.02.10 17:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh