Ajaib Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-60121-2022 (O&M) Date of Decision:-22.12.2022 Ajaib Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gagandeep Singh Sirphikhi, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of newly added offences under Sections 466 and 474 of Indian Penal Code in FIR No.327, dated 22.7.2022 registered at Police Station Sohana, District SAS Nagar (Mohali), under Sections 406, 419, 420, 465, 467, 468, 471, 120-B of Indian Penal Code.

2.

Learned counsel for the petitioner submitted that the petitioner had already been granted regular bail by this Court in the aforesaid FIR vide order dated 19.9.2022 passed in CRM-M-42061-2022 (Annexure P-4) and that subsequently when Sections 466 and 474 of Indian Penal Code were added at the time of presentation of challan, the petitioner moved an application seeking grant of anticipatory bail in respect of aforesaid offences before the PANKAJ KAKKAR 2022.12.22 16:57 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-60121-2022 (O&M) Trial Court, but the same has been dismissed without appreciating the fact that all the facts had already been considered at the time of granting regular bail to the petitioner by this Court.

3.

Notice of motion to the respondent-State of Punjab. 4.

On asking of the Court, Ms. Swati Batra, DAG, Punjab, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent-State.

5.

I have heard learned counsel representing the petitioner as well the learned State counsel and have also perused the instant petition. 6.

Having regard to the fact that this Court had already considered the matter in respect of aforesaid FIR qua the petitioner and the petitioner has otherwise compromised the matter with the complainant and on account of which this Court had accepted the application for grant of regular bail vide order dated 19.9.2022 passed in CRM-M-42061-2022 (Annexure P-4), this Court is of the opinion that it is not a matter, which would require any kind of custodial interrogation at this stage.

7.

The instant petition, as such, is accepted and it is ordered that the petitioner, in the event of arrest, be released on bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 22.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.12.22 16:57 I attest to the accuracy and authenticity of this document