Vikasdeep Singh @ Vikas Kumar v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DECIDED ON: 16.11.2023 .....PETITIONER
VERSUS
.....RESPONDENT
CORAM:
HON'BLE MR. JUSTICE SANJIV BERRY.
Present:
Mr. K.B.S. Mann, Advocate for the petitioner.
Mr. Subhash Godara, Addl. AG, Punjab.
FIR No.
Dated Sections Police Station 22.02.2023 307, 326, 324, 323, 148, 149 IPC Sections 25, 27 of Arms Act Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib 2.
Learned counsel for the petitioner has submitted that in compliance to the order dated 11.10.2023 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 ASI Guran Ditta 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 11.10.2023, 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 22.02.2023 307, 326, 324, 323, 148, 149 IPC Sections 25, 27 of Arms Act Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib 2.
It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the present case. He contends that the name of the petitioner does not figure in the FIR and in fact his name figured for the first time in recording of the DDR/GD No.29 dated 23.02.2023 (Annexure P-1) on the statement of one Harpreet Singh-injured.
3.
Learned counsel for the petitioner further contends that even from the perusal of the statement no specific role has been attributed to the petitioner nor any injury has been attributed to him.
4.
Notice of motion.
5.
On the asking of the Court, Mr. Subhash Godara, Addl. AG, Punjab, present in Court, accepts notice on behalf of the State-respondent and submits, on instructions from ASI Balwant Singh, that no injury has been attributed to the present petitioner. He seeks time to file the status report/reply in the matter.
6.
Adjourned to 16.11.2023.
7.
Needful be done well before the date fixed with an advance copy to the counsel opposite.
8.
In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to 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 11.10.2023 passed by this Court, interim bail granted vide order dated 11.10.2023 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)