High Court of Punjab and HaryanaCRM-M/63657/2023allowed

Amritpal Singh v. State Of Punjab

2024-03-11Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:034109 CRM-M-63657-2023 Date of decision: March 11th, 2024 Amritpal Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. H.P.S. Ghuman, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.148 dated 31.05.2022 under Sections 457, 380, 411 of the Indian Penal Code, 1860, registered at Police Station Patran, Tehsil Patran, District Patiala. 2.

Vide order dated 18.12.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner inter alia contends that the falsity of the allegations levelled in the FIR in question is evident from the fact that it was highly improbable that after committing theft of the truck batteries, the petitioner would have managed to flee with as many as six of these batteries on his Activa scooter. It has been further submitted that the petitioner has no criminal antecedents, which further lends credence to a false and fabricated case having been planted upon him."

PUNEET SACHDEVA 2024.03.11 13:28 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-63657-2023 -23.

Learned counsel for the petitioner submits that in compliance of order dated 18.12.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from HC Gurdeep Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 18.12.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

March 11th , 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.03.11 13:28 I attest to the accuracy and integrity of this document Chandigarh