Punjab-Haryana High Court
Sarwan Singh @ Jagroop Singh vs State Of Punjab on 29 August, 2023
CRM-M-25033-2023 2023:PHHC:113366
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
208-B CRM-M-25033-2023
Date of decision: 29.08.2023
Sarwan Singh @ Jagroop Singh
..Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Ms. Manpreet Kaur, Advocate for
Mr. Amardeep Singh, Advocate for the petitioner.
Ms. Himani Arora, AAG, Punjab.
***
AMAN CHAUDHARY, J.
1. On 17.05.2023, this Court had passed the following order:-
"This petition has been filed by the petitioner
under Section 438 Cr.P.C. seeking anticipatory bail in
case FIR No.11 dated 24.01.2023 under Sections 385,
387 IPC (Sections 120-B, 506, 109 IPC and Section 25
of the Arms Act added lateron), registered at Police
Station City Tarn Taran, District Tarn Taran.
Present FIR has been registered on the basis of
written complaint moved by complainant Vijay Kumar
stating that he runs an electronics shop near Maharaja
Ranjit Singh School at Tarn Taran. On 21.01.2023, at
about 04.35 p.m., he received a call on his mobile phone
number 75026-07777 from WhatsApp number
+4915213900013 from gangster Landa Harike and he
demanded extortion amount of Rs.20 Lacs from him.
Landa Harike called him four times and he asked him to
pay Rs.10 Lacs till 25.01.2023 otherwise on his failure
to pay the same he threatened to cause harm to
complainant and his family members.
Learned counsel for the petitioner inter alia
contends that the petitioner is innocent and has been
falsely implicated in the present case. He further submits
that petitioner was not named in the FIR and has been
Ankur Goyal
2023.08.31 09:38
I attest to the accuracy and
integrity of this order/judgment
CRM-M-25033-2023 2023:PHHC:113366
nominated as an accused on the supplementary
statement of complainant and apart from the said
statement there is no liking evidence to connect the
petitioner with the alleged offence. He further submits
that the main allegations in the FIR are against co-
accused Landa Harike, who is stated to have demanded
money from the complainant. He further submits that
coaccused of the petitioner, namely, Salinder Kaur and
Lovejeet Singh have been granted interim anticipatory
bail by this Court vide orders dated 28.04.2023 passed
in CRM-M-13108 of 2023 and CRM-M-15429 of 2023,
respectively, which are now fixed for 29.08.2023. He
further submits that petitioner is ready and willing to
join the investigation.
Notice of motion.
Mr. Adhiraj Singh, AAG, Punjab, accepts notice
on behalf of respondent-State and has opposed the
prayer for grant of anticipatory bail to the petitioner by
stating that petitioner is involved in another case being
FIR No.202 dated 03.07.2020 under Sections 452, 323,
325, 506, 148, 149 IPC, registered at Police Station City
Tarn Taran, although he is on bail in the said case.
Adjourned to 29.08.2023.
In the meantime, petitioner shall join
investigation before the Investigating Agency/Officer.
In the event of arrest, the petitioner shall be released on
interim bail subject to the satisfaction of the Arresting
Officer/Investigating Officer. He shall abide by the
following conditions as envisaged under Section 438(2)
Cr.P.C:-
1) That the petitioner shall make himself
available for interrogation by a police officer
as and when required to do so.
2) That the petitioner 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 petitioner shall not leave India
without prior permission of the court.
In the meanwhile, reply, if any, be filed before
the next date of hearing with advance copy to learned
counsel for the petitioner.
Ankur Goyal
2023.08.31 09:38
I attest to the accuracy and
integrity of this order/judgment
CRM-M-25033-2023 2023:PHHC:113366
To be heard along with CRM-M-13108 and
15429 of 2023. "
2. Learned counsel submits that in pursuance of the afore-
mentioned order, the petitioner has not only joined investigation but also
fully cooperated with the investigating agency. He further submits that in
case the investigating agency requires the petitioner to appear, he shall
make himself available without demur.
3. Learned State counsel affirms the factum of joining the
investigation by the petitioner and cooperating with the investigating
agency. He also submits that at this stage, the petitioner is not required for
further custodial interrogation.
4. In view of the above and without expressing any opinion on
the merits of the case, anticipatory bail petition filed by the petitioner is
allowed and the order dated 17.05.2023 granting interim bail to him, is
hereby made absolute, subject to compliance of conditions as specified
under Section 438(2) Cr. P.C
5. However, it is made clear that if the petitioner fails to join
and cooperate with the investigating agency as and when required, the
State would be at liberty to move an application for cancellation of the
present anticipatory bail granted to him.
( AMAN CHAUDHARY )
29.08.2023 JUDGE
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Ankur Goyal
2023.08.31 09:38
I attest to the accuracy and
integrity of this order/judgment
