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High Court of Punjab and HaryanaCRM-M/64470/2023allowed

Mohinder Singh v. State Of Punjab

2024-03-12Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:035350

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64470-2023 (O&M) Date of decision: 12.03.2024 MOHINDER SINGH ....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Sanjeev Kumar, Advocate for Mr. Jitender Singh Dadwal, Advocate for the petitioner(s). Mr. Ankit Grewal, DAG Punjab.

***** SANJIV BERRY. J. (Oral) 1.

Short reply dated 04.03.2024 filed in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Dasuya, District Hoshiarpur, is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

2.

Heard.

3.

By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 20.10.2023 406 and 420 IPC Talwara, District Hoshiarpur 4.

Learned counsel for the petitioner has submitted that in compliance to the order dated 07.02.2024 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

5.

Learned State counsel, on instructions from ASI Rakesh Kumar, has intimated that the petitioner has joined investigation and is no more required for SANDAL SHARMA 2024.03.15 17:33 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:035350 CRM-M-64470-2023 (O&M) -2any custodial investigation in this case nor he is required for further investigation. 6.

Heard.

7.

During the course of hearing on 07.02.2024 the following order was passed:- "2.Status report dated 22.01.2024 in the form of an affidavit of Deputy Superintendent of Police, Sub-Division Dasuya, District Hoshiarpur, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner.

3. Learned State counsel seeks time to verify about the outcome of the representation dated 18.06.2022 moved by the petitioner to Commissioner of Police, Amritsar.

4. Needful be done on or before the next date of hearing.

5. In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.

6. List on 04.03.2024."

8.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 07.02.2024 passed by this Court, interim bail granted vide order dated 07.02.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

9.

The petition stands allowed.

(SANJIV BERRY) JUDGE 12.03.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.03.15 17:33 I attest to the accuracy and authenticity of this order/judgment