Lovejeet Singh v. State Of Punjab And ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 07.12.2023 Lovejeet Singh ..... Petitioner(s)

Versus

State of Punjab & Anr.

..... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sanjeet Singh Taank, Advocate for the petitioner. Mr. Adhiraj Singh Thind, AAG Punjab for respondent No.1. Mr. S.P.S. Sandhu, Advocate for respondent No.2. ALKA SARIN, J . (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.04/2020 dated 14.01.2020 under Sections 315, 354-B, 323, 34 of the Indian Penal Code, 1860 registered at Police Station Makhu, Tehsil Zira, District Ferozepur.

2.

On 06.11.2023, the following order was passed:- "This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.04/2020 dated 14.01.2020 under Sections 315, 354-B, 323, 34 of the Indian Penal Code, 1860 registered at Police Station Makhu, Tehsil Zira, District Ferozepur.

Learned counsel for the petitioner would contend that

-2the parties have since compromised the matter and a petition being CRM-M-33264-2020 for quashing of the FIR on the basis of the said compromise has also been filed.

Notice of motion.

On the asking of the Court, Mr. Adhiraj Singh Thind, AAG Punjab accepts notice on behalf of respondent No.1-State.

Mr. S.P.S. Sandhu, Advocate accepts notice on behalf of respondent No.2 and has filed his vakalatnama ̧ which is taken on record. He submits that he would have no objection if the petitioner is granted the concession of anticipatory bail in view of the compromise effected between the parties.

Learned counsel for the State, on the instructions from ASI Karam Singh, states that parties have since entered into a compromise and a petition for quashing of the FIR on the basis of the said compromise is pending before this Court.

List on 07.12.2023.

To be heard along with CRM-M-33264-2020.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of

-3arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973.

3.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner has joined investigation and has fully cooperated.

4.

Learned counsel for the State, on instructions from H.C. Balraj Singh has stated that the petitioner has since joined investigation and has fully cooperated and that he is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 06.11.2023 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

07.12.2023 (ALKA SARIN) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO