Sukhjinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 14.11.2023 .....PETITIONER

VERSUS

.....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Madan Sandhu, Advocate for the petitioner.

Mr. Aditya Kapoor, AAG, Punjab.

FIR No.

Dated Sections Police Station 16.08.2023 379 IPC ( 411 IPC added later on) Sultanpur Lodhi, District Kapurthala 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 07.10.2023 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from HC Sukhdev Singh, has intimated that the petitioner has joined investigation and is no

more required for any custodial investigation in this case nor he is required for further investigation.

4.

During the course of hearing on 07.10.2023, this Court has passed the following order:- "By way of present petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail in case FIR as under:- FIR No.

Dated Sections Police Station 16.08.2023 379 IPC ( 411 IPC added later on) Sultanpur Lodhi, District Kapurthala 2.

Learned counsel for the petitioner, inter alia, contends that the petitioner is innocent and has been falsely implicated in this case. He submits that that the petitioner is not involved in any such case, earlier although one case under Section 324, 325 IPC was registered against him due to some matrimonial dispute of his sister. He submits that the petitioner is ready to join the investigation.

3.

Notice of motion.

4.

On the asking of the Court, Ms. Swati Batra, DAG Punjab present in Court, accepts notice on behalf of the respondent-State. She on instructions from ASI Sukhdev Singh intimates that from the co-accused Akashdeep, Labh Singh and Rohit recovery of two motorcycles have been effected. She seeks time to file status report/reply in the matter. 5.

Adjourned to 31.10.2023.

6.

Needful be done well before the date fixed with an advance copy to the counsel opposite.

7.

In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and cooperate in the same. In the event of the arrest of the petitioner, he shall 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.

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 07.10.2023 passed by this Court, interim bail granted vide order dated 07.10.2023 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 influence the witnesses and will not leave the country without prior permission of the Court.

(SANJIV BERRY)