Khushpreet Singh Alias Khushi vs State Of Punjab
2023 Latest Caselaw 19869 P&H

                                                          Neutral Citation No:=2023:PHHC:145543




                                                                   2023:PHHC:145543
206
            IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH


                                        CRM-M-52356-2023
                                        Date of decision : 16.11.2023

KHUSHPREET SINGH ALIAS KHUSHI
                             ....Petitioner

                                Versus

STATE OF PUNJAB                                ....Respondent

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:    Mr. Jagjit Singh Gill, Advocate and
            Mr. Amritpal Singh, Advocate
            for the petitioner.

            Mr. Karunesh Kaushal, AAG, Punjab.
                            *****

KULDEEP TIWARI.J. (ORAL)

1. The present petition has been filed under Section 438 Cr.P.C. for grant

of pre-arrest bail to the petitioner in case FIR No. 131 dated 09.09.2023, registered

under Sections 21(b), 25, 61 and 85 of NDPS Act, 1985 at Police Station Jhunir,

District Mansa.

2. On the last date of hearing the following order was passed:-

"The present petition has been filed under

Section 438 Cr. PCfor grant of pre-arrest bail to the

petitioner in case FIR No131 dined 09.09.2023,

registered under Sections 21 (b)2561 and 85 of NDPS

Act, 1985at Police Station JhunirDistrict Mansa.

Learned counsel contends that co-accused-

Gursewak Singh @ Sewakfrom whom allegedly recovery

of 10 grams of heroin was effectedhad named

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in his disclosure statement two persons, one being the

petitioner and the other co-accused Jasprit Singh @

Ugliwho has been granted interim anticipatory bail by

this Court vide order dated 06/10 2023, Annexure P-

3Reliance is placed on the judgment passed by Hon'ble

The Supreme Court in the case of Tofan Singh vs. State of

Tamil Nadu2021 (1) RCR (C) 1The petitioner is not

involved in any other case and is ready and willing to

join the investigation as and when required by the

investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, MrManipal Singh

Arwal, DAG Punjab accepts notice on behalf of

respondent-State.

Adjourned to 16.11.2023

Meanwhile, the petitioner is directed to join the

investigation on or before 30.10.2023In the event of his

arrest, he shall be released on interim bail to the

satisfaction of the Arresting Officersubject to compliance

of conditions as enshrined under Section 438(2) Cr.PC.

However, it is clarified that if the petitioner does

not join and cooperate with the Investigating Agency as

required by the Arresting/Investigating Officerthis

interim order shall be deemed to have been vacated."

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Learned Counsel for the petitioner submits that in compliance of order

(supra), the petitioner has joined the investigation and is not required for further

investigation.

On the other hand, learned State counsel also submits on instructions

from ASI Gurdip Singh, that the petitioner has joined the investigation and is not

required for further investigation.

In view of a specific statement made by the learned State counsel, the

order dated 16.10.2023 is made absolute.

The present petition is allowed accordingly.

                                               ( KULDEEP TIWARI )
16.11.2023                                          JUDGE
monika

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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