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High Court of Punjab and HaryanaCRM-M/65519/2023allowed

Manpreet Singh v. State Of Punjab

2024-02-08Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:017770 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-65519-2023 (O&M) Date of Decision:-8.2.2024 Manpreet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aman Mittal, Advocate for the petitioner. Mr. R.S. Khaira, DAG, Punjab, assisted by ASI Bhola Singh.

***** FIR No.

Dated Police Station Section/s 10.12.2023 Bhikhi, District Mansa, Punjab 336 of Indian Penal Code and Sections 25 and 27 of Arms Act, GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of the aforementioned FIR.

2.

At the time of issuance of notice of motion, the following order was passed on 1.1.2024:

"Apprehending his arrest in FIR No. 281 dated 10.12.2023 registered for offences punishable under Section 336 IPC and Section 25 & 27 of the Arms Act, 1959 at Police Station Bhikhi, District Mansa; the petitioner has preferred this petition under Section 438 Cr.P.C. seeking prearrest bail.

Inter alia contends that the firearm allegedly used in the celebratory fire does not belong to the present petitioner-Manpreet Pankaj Kakkar 2024.02.08 17:18 I attest to the accuracy and authenticity of this document

CRM-M-65519-2023 (O&M) ( 2 ) 2024:PHHC:017770 Singh but in fact belongs to co-accused-Inderpal Singh and the same has also been recovered.

Notice of motion.

On asking of the Court, Mr. Kirat Singh Sidhu, DAG Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 08.02.2024.

The petitioner is directed to appear before the Investigating Officer on 05.01.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 438(2) of the Cr.P.C." 3.

Learned State counsel, upon instructions from ASI Bhola Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have 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 1.1.2024 are 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.

8.2.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.02.08 17:18 I attest to the accuracy and authenticity of this document