Jagjeet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4608-2024 (O&M) Date of decision : 30.04.2024 Jagjeet Singh

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

None for the petitioner.

Ms. Manjot Kaur, AAG, Punjab, assisted by ASI Sikander Raj.

None for the complainant.

MAHABIR SINGH SINDHU, J.

Petition under Section 438 of the Code of Criminal Procedure, 1973 has been filed for grant of pre-arrest bail to the petitioner in FIR No.0020 dated 06.02.2023, under Section 302 read with Section 34 of the Indian Penal Code, 1860, registered at Police Station Doraha, Police District Khanna, District Ludhiana. 2.

Allegations are that petitioner along with other co-accused committed murder of Rajan Singh, father of the informant. 3.

No one has come present on behalf of the petitioner. 4.

Learned State Counsel, on instructions from the police officer present in Court submits that this Court granted interim bail to petitioner on 20.03.2024 and in terms thereof, he has joined the investigation and his custodial interrogation is not required at this stage. -1-

5.

Heard learned State counsel and perused the paper-book. 6.

It is an admitted position that petitioner was granted interim bail by this Court on 20.03.2024 and relevant part of the same is recapitulated as under:- "Learned counsel while making reference to affidavit dated 26.08.2023 (P-1), contends inter-alia that petitioner was implicated by mistake in the present FIR and it is so acknowledged by the complainant as well as wife of the deceased.

Learned counsel for the complainant is also not controverting the above factual position; nor he is opposing the prayer of petitioner.

Faced with the above predicament, learned State counsel seeks more time to have further instructions in the matter. Posted for 30.04.2024.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973." 7.

It is acknowledged by learned State counsel that in pursuance of above order, petitioner has joined the investigation and his custodial interrogation is not required at this stage. 8.

In view of above, interim order dated 20.03.2024 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

9.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

-2-

10.

The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

11.

Disposed off accordingly.

12.

Pending application(s), if any, shall also stand disposed off.

30.04.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-