Punjab-Haryana High Court
Lovepreet Singh @ Labhu vs State Of Punjab on 25 September, 2023
Neutral Citation No:=2023:PHHC:125899
CRM-M-38783-2023 2023:PHHC:125899 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
209 CRM-M-38783-2023
Date of decision: 25.09.2023
Lovepreet Singh @ Labhu
..Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Lalit Chander Sharma, Advocate for
Mr. B.D. Sharma, Advocate, for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
***
AMAN CHAUDHARY, J.
1. On 09.08.2023, this Court had passed the following order:-
"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.12 dated 30.01.2021,
registered under Sections 302, 364, 404, 120-B, 148 and
149 IPC (Section 404 IPC added later on) at Police
Station Jhander, District Amritsar.
Learned counsel contends that the name of the
petitioner surfaced based on the disclosure statements of
co-accused Malkit Singh and Gurpreet Singh, who were
the main accused, however, they have been acquitted by
the Additional Sessions Judge, Amritsar vide judgment
dated 31.03.2023 (Annexure P-2). The allegations
against the petitioner are of having come in an Innova
vehicle at the place, wherefrom the deceased was
kidnapped. Similar were the allegations co-accused
Shanti, who has been granted Anticipatory bail by this
Court vide order dated 09.02.2023 (Annexure P-3). The
petitioner is ready and willing to join the investigation
as and when required by the investigating agency.
Notice of motion.
At the asking of the Court, Mr. Manipal Singh
Atwal, DAG Punjab accepts notice on behalf of
respondent-State.
Meanwhile, the petitioner is directed to join the
investigation on or before 16.08.2023. In the event of
his arrest, he shall be released on interim bail to the
1 of 2
Neutral Citation No:=2023:PHHC:125899
satisfaction of the Arresting Officer, subject to
compliance of conditions as enshrined under Section
438(2) Cr.P.C.
However, it is clarified that if the petitioner does
not join and cooperate with the Investigating Agency as
required by the Arresting/Investigating Officer, this
interim order shall be deemed to have been vacated.
Adjourned to 25.09.2023."
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 on instructions 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 any 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 09.08.2023 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 )
25.09.2023 JUDGE
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:125899
2 of 2
