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High Court of Punjab and HaryanaCRM-M/55593/2019allowed

Bikram Singh v. State Of Punjab

2021-09-06Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 6.9.2021 Bikram Singh .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rishu Mahajan, Advocate, for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Kuldeep Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No. 19, dated 15.2.2019, Police Station Jhander, Amritsar, under Sections 452, 427, 435, 336, 506, 34, 148, 149 IPC and Sections 25/27 of Arms Act.

2.

At the time of issuance of notice of motion on 10.1.2020 the following order was passed:

"The learned counsel for the petitioner submits that he is not specifically named in the FIR, which has been lodged against 11 persons and that in case the

- 2 - petitioner had participated in the occurrence, he would also have been specifically named, as he happens to be resident of the same village and would have been identified.

The learned counsel has further submitted that although when the petitioner moved an application for grant of anticipatory bail before the trial Court, he was granted interim bail but he was unable to join investigation on account of the fact that subsequently another FIR came to be lodged at the instance of relative of the present complainant and the police was all out to arrest him.

Notice of motion for 1.4.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim 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." 3.

Learned State counsel, upon instructions from SI Kuldeep Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and that he is not required for any custodial interrogation.

4.

Having regard to the facts and circumstances of the case and the fact that the petitioner has already joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 10.1.2020 are

- 3 - hereby made absolute subject to the condition that the petitioner shall join 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.

6.9.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No