Jagjit Singh v. State Of Punjab
CRM-M No.46044 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No.46044 of 2019 Date of Decision :12.08.2021 Jagjit Singh ......Petitioner
Versus
State of Punjab ...... Respondent CORAM: HON'BLE MR.JUSTICE ARUN PALLI, JUDGE Present :
Mr.Deepak Gupta, Advocate for the petitioner. Mr. B.S. Sewak, Addl. A.G. Punjab.
(The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) ARUN PALLI, J.
(Oral) :
Vide this petition under Section 438 of Cr.P.C. the petitioner prays for an anticipatory bail in FIR No.112 dated 10.8.2019, under Sections 457, 380, 429, 323, 506, 427, 148, 149 of IPC, registered at Police Station Kot Ise Khan, District Moga.
Upon hearing the learned counsel for the petitioner this court vide order dated 30.10.2019, had released the petitioner on interim bail:- "Learned counsel for the petitioner contends that the case against the petitioner is totally concocted. It is further submitted that even as per the case of the complainant, no discernible injury is supported by any medical evidence. It is further submitted that the petitioner was granted interim protection by the Court below as well. Thereafter, the petitioner had joined the investigation. However, ultimately, the application for anticipatory bail filed by the petitioner, was dismissed by the trial Court on a factually incorrect statement made by the complainant that after DEEPAK KUMAR 2021.08.13 10:49 I attest to the accuracy and integrity of this document
CRM-M No.46044 of 2019 availing protection from the Court, the petitioner has been threatening the complainant. It is further contended that the petitioner never misused the concession granted by the Court below. The petitioner had never threatened the complainant, after getting the protection from the Court, as alleged by the complainant.
Notice of motion for 30.01.2020.
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.
Learned State counsel, on the instructions of ASI Karamjit Singh, submits that pursuant to the order dated 30.10.2019 (ibid) the petitioner had joined the investigation. He is not required for any custodial interrogation.
In the wake of the above, the order dated 30.10.2019 is made absolute.
However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. and shall join the investigation as and when called upon to do so.
The petition is accordingly disposed of.
(ARUN PALLI) JUDGE 12.08.2021 deepak Whether speaking/reasoned Yes/No Whether reportable Yes/No DEEPAK KUMAR 2021.08.13 10:49 I attest to the accuracy and integrity of this document