Punjab-Haryana High Court
Manpreet Singh @ Peeta Singh And ... vs State Of Punjab on 9 September, 2022
105 CRM-M-41408-2022
MANPREET SINGH @ PEETA SINGH AND ANOTHER V/S STATE OF
PUNJAB
-.-
Present: Mr. Lakhwinder Singh, Advocate,
for the petitioners.
Mr. J.S. Arora, DAG, Punjab.
-.-
Prayer in this petition, filed under Section 438 of the Code of
Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioners,
who have been booked for having committed the offences punishable under
Sections 365, 342, 323, 148 read with Section 149 IPC, whereas Sections
324 and 325 IPC were added lateron, in a case arising out of FIR No. 40,
dated 19.07.2022, registered at Police Station Jaurkian, District Mansa.
At the very outset, learned counsel for the petitioners relies
upon order dated 05.09.2022, passed by this Court in CRM-M-39976-2022,
in regard to grant of ad-interim anticipatory bail to the co-accused -
Gurpreet Singh, which reads as under:-
" Prayer in this petition, filed under Section 438 of
the Code of Criminal Procedure, 1973, is for grant of
anticipatory bail to the petitioner, who has been booked for
having committed the offences punishable under Sections 365,
342, 323, 148 read with Section 149 of IPC, and offences under
Sections 324 & 325 of IPC added later on, in a case arising out
of FIR No. 40, dated 19.07.2022, registered at Police Station
Jaurkian, District Mansa.
Learned counsel for the petitioner, at the outset,
contends that there is already an order dated 18.08.2022,
passed by this Court in CRM-M-36292-2022, vide which, ad-
interim bail was granted to the co-accused Gurtej Singh. He
submits that case of the petitioner is also on the same footing.
The order dated 18.08.2022, passed in CRM-M-
36292-2022 says as under:-
PRASHANT KAPOOR
2022.09.09 13:05
I attest to the accuracy and
authenticity of this
order/judgment
CRM-M-41408-2022 -2-
"The prayer in the present petition filed under
Section 438 Cr. P.C., is for grant of Anticipatory/Pre-
arrest bail to the petitioner in case FIR No.40 dated
19.07.2022, under Sections 365, 342, 323, 148, 149 IPC
(Sections 324, 325 IPC added lateron) registered at P.S.
Jaurkian, District Mansa (Annexure P-1).
Learned counsel for the petitioner contends that in
the present FIR, total 8 accused have been named and in
second phase of the incident, Jagga Singh, Kuldeep
Singh and Gurtej Singh (present petitioner) sons of Surjit
Singh, have been named with the allegation of making
the complainant to sit forcibly on tractor and to take their
home. It is further contended that neither there is any
injury attributed to the petitioner nor having any weapon,
even as per the contents of the FIR. Intention of the
complainant is to implicate all the family members and
especially petitioner and his two other brothers. It is
further contended that since no weapon has been
attributed in the hands of the petitioner, custodial
interrogation would not be warranted for any fruitful
purpose. Still the petitioner is ready to join and
cooperate with the investigating agency. He further
contends that only Section 365 IPC is non-bailable and
all other offences are bailable.
Notice of motion.
On the asking of the Court, Mr. Bhupinder
Beniwal, AAG, appears and accepts notice on behalf of
respondent-State.
A copy of the present petition along with complete
annexures be supplied to learned State counsel during
the course of the day.
To come up on 31.10.2022.
In the meanwhile, the petitioner is directed to join
investigation on 02.09.2022 with the Investigating
Agency concerned. In the event of petitioner joining
investigation, he shall be admitted to interim bail by the
arresting officer/investigating officer on furnishing of
bail bonds by him to the satisfaction of the arresting
officer/investigating officer. The petitioner shall also
abide by the following conditions as specified under
Section 438(2) Cr.P.C.:
PRASHANT KAPOOR
2022.09.09 13:05
I attest to the accuracy and
authenticity of this
order/judgment
(1) That the person shall make himself available for
interrogation by a police officer as and when
required;
(2) That the person shall not, directly or indirectly,
make any inducement, threat or promise to any
person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the
Court or to any police officer;
(3) That the person shall not leave India without the
previous permission of the Court;
(4) Such other condition as may be imposed under
sub- section (3) of section 437, as if the bail were
granted under that section."
Notice of motion.
On the asking of the Court, Mr. J.S. Arora, DAG, Punjab,
who is present in the Court, accepts notice on behalf of the
respondent-State.
A copy of the complete paper book has already been
supplied to the learned State counsel.
Adjourned to 31.10.2022.
In the meanwhile, the petitioner is directed to join the
investigation as and when required to do so by the Investigating
Agency. In the event of his arrest, the petitioner shall be
released on ad-interim bail, subject to his furnishing bail bonds
to the satisfaction of the Arresting Officer. The petitioner shall
also abide by all the conditions laid down under Section 438(2),
Cr.PC.
To be heard along with CRM-M-36292-2022."
Notice of motion.
On asking of the Court, Mr. J.S. Arora, Deputy Advocate
General, Punjab, who is present in the Court, accepts notice on behalf of the
respondent-State.
Adjourned to 31.10.2022.
PRASHANT KAPOOR
To be heard alongwith CRM-M-39976-2022.
2022.09.09 13:05
I attest to the accuracy and
authenticity of this
order/judgment
In the meanwhile, the petitioners are directed to join the
investigation as and when required to do so by the Investigating Agency. In
the event of their arrest, the petitioners shall be released on ad-interim bail,
subject to furnishing bail bonds by them to the satisfaction of the Arresting
Officer. The petitioners shall also abide by all the conditions laid down
under Section 438(2), Cr.PC.
(SANJAY VASHISTH)
JUDGE
September 09, 2022
Pkapoor
PRASHANT KAPOOR
2022.09.09 13:05
I attest to the accuracy and
authenticity of this
order/judgment
