Nirmal Singh v. State Of Punjab

CRM-M-60049-2022 (O&M) N.C. No.2023:PHHC:096026 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-60049-2022 (O&M) Date of decision: 26.07.2023 Nirmal Singh ....Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. G.S. Nahel, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab Mr. Khushkaran Kumar, Advocate for respondent No.2 ***** AMAN CHAUDHARY . J.

1.

The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.104 dated 08.10.2022, registered under Sections 420, 120-B IPC at Police Station Phul, Disttrict Bathinda.

2.

On 18.04.2023, this Court had passed the following order:- "Learned counsel for the petitioner submits that the petitioner is ready and willing to join the investigation as and when required by the investigating agency.

The petitioner is directed to join the investigation on or before 22.04.2023. In the event of arrest of the petitioner, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance enshrined under Section 438(2) Cr.P.C.

Adjourned to 18.05.2023.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated."

3.

Learned counsel submits that in pursuance of the aforesaid order, the SANDAL SHARMA 2023.07.28 15:08 I attest to the accuracy and authenticity of this order/judgment

CRM-M-60049-2022 (O&M) N.C. No.2023:PHHC:096026 - 2petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur. 4.

Learned State counsel on instructions from ASI Jagsir Singh affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 5.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 18.04.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr.P.C. 6.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 26.07.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.07.28 15:08 I attest to the accuracy and authenticity of this order/judgment