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High Court of Punjab and HaryanaCRM-M/55708/2019allowed

Varinder Pal Singh v. State Of Punjab

2021-09-09Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:09.09.2021 Varinder Pal Singh ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. P.S. Paul, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl., A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.203 dated 21.11.2019 registered under Sections 420, 465, 467, 471 and 409 IPC at Police Station City Rupnagar, District Rupnagar. On 01.01.2020, following order was passed:- "Learned counsel for the petitioner contends that a fresh file was being processed for the conduct of dope test. The existence of old certificate carrying fake signature of S.M.O was not relatable to fresh exercise of conducting dope test. Petitioner is not connected

with any such event of faking any signature of S.M.O/Civil Surgeon on earlier certificate of dope test. Notice of motion for 25.02.2020.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 15.01.2020 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, on his furnishing requisite bail bonds/surety bonds subject to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C."

Learned counsel for the petitioner submits that a fresh record/file was being processed for taking dope test. The old certificate carrying the alleged fake signature of SMO was not connected to any conduct of fresh dope test. Petitioner in any case is not related/connected with any such event of taking signature of SMO/Civil Surgeon on earlier certificate of dope test.

Learned counsel for the petitioner further submits that the petitioner has joined the investigation in pursuance of order dated 01.01.2020 to the satisfaction of the Investigating Officer. Learned State counsel on instructions from SI Krishan Lal admits the aforesaid fact and submits that the petitioner is no more required for further investigation in the case. In view of aforesaid factual position, the interim order dated 01.01.2020 is made absolute. Petitioner shall keep on

joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 09.09.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No