Punjab-Haryana High Court
Gurmail Singh vs State Of Punjab on 4 April, 2024
2024:PHHC:045904
CRM-M-14670-2024 1
215
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14670-2024
Date of Decision: 04.04.2024
Gurmail Singh ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Mr. Harmanpreet Singh, Advocate
for the petitioner.
Ms. Sakshi Bakshi, AAG, Punjab.
HARSH BUNGER, J. (Oral)
1. Prayer in the present petition, filed under Section 438 of the
Code of Criminal Procedure, is for grant of anticipatory bail to the petitioner
in case FIR No.230, dated 19.03.2018, under Sections 120-B and 407 of the
Indian Penal Code, 1860, at Police Station Focal Point, District Police
Commissionerate Ludhiana.
2. Affidavit dated 03.04.2024 of Kuldeep Singh Chahal, IPS,
Commissioner of Police, Ludhiana on behalf of respondent-State of Punjab
has been filed by learned State counsel in Court today, which is taken on
record, subject to all just exceptions.
3. On 21.03.2024 the following order was passed by a Co-ordinate
Bench of this Court :-
"1. By way of present petition filed under Section 438
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Cr.P.C, the petitioner seeks anticipatory bail in case FIR
(Annexure P-1) as under: -
FIR No. Dated Sections Police Station
230 19.03.2018 407, 120-B IPC Focal Point, District Police
Commissionerate, Ludhiana
2. It is, inter alia, contended by learned counsel for the
petitioner that the petitioner is innocent and has no concern
whatsoever with the instant FIR which was registered way back
on 19.03.2018 and after completion of investigation, police had
challaned only Gurpreet Singh. He contends that after
conclusion of trial the said Gurpreet Singh has already been
acquitted by the learned trial Court vide judgment dated
08.06.2023 (Annexure P-3). He has categorically contended
that the petitioner's name never figured in the challan submitted
by the police but after acquittal of the accused against whom
challan was presented, the petitioner is being harassed by the
police at the instance of the complainant without any reason.
3. Learned counsel for the petitioner further contends that
the petitioner is not having any criminal antecedents and he is
ready to join investigation.
4. Notice of motion.
5. On the asking of the Court, Mr. Harpreet Singh, Addl.
AG, Punjab, present in Court, accepts notice on behalf of the
State-respondent, and on instructions from ASI Rakesh Kumar,
P.S. Focal Point, submits that challan was presented only
against the accused Gurpreet Singh and the name of the
petitioner did not figure therein. ASI Rakesh Kumar, on query
from the Court, has further affirmed that the petitioner was
neither declared proclaimed offender nor arrested in this case
till date. He prays for time to file the status report/reply in the
matter.
6. Needful be done well before the date fixed with an
advance copy to the counsel opposite.
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7. Keeping in view the above facts and circumstances of the
case, the Commissioner of Police, Ludhiana, is directed to
furnish his own affidavit as to under what provisions the
petitioner is being harassed by the police after acquittal of the
accused Gurpreet Singh against whom challan was presented
pertaining to the aforesaid FIR (supra) on or before the next
date of hearing.
8. In the meanwhile, the petitioner is hereby directed to join
investigation within seven days from today and in the event of
his arrest, he is ordered to be released on interim bail on his
furnishing personal/surety bonds to the satisfaction of the
Arresting Officer/Investigating Officer. He shall also abide by
conditions as envisaged under Section 438(2) Cr.P.C.
9. Investigating Officer (concerned) to remain present along
with the relevant record on the date fixed.
10. Adjourned to 04.04.2024."
4. Learned counsel for the petitioner submits that pursuant to the
aforesaid order, the petitioner has joined the investigation.
5. Learned State counsel has not disputed the aforesaid fact of
joining of investigation by the petitioner and submits that his custodial
interrogation is not required at this stage.
6. Heard learned counsel for the parties.
7. Since the petitioner has joined the investigation and his
custodial interrogation is not required at this stage, the present petition is
allowed and the ad-interim order dated 21.03.2024 passed by a Co-ordinate
Bench of this Court is made absolute.
8. However, the petitioner shall continue to join the investigation
as and when required to do so and abide by all the conditions laid down
under Section 438(2) Cr.P.C.
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9. It is made clear that if the petitioner fails to comply with any of
the bail conditions laid down under Section 438(2) Cr.P.C, the State would
be at liberty to move an application for cancellation of this anticipatory bail
granted to the petitioner.
10. Nothing expressed here-in-above shall be construed to be an
observation on merits of the case and the facts and circumstances recorded
above are only for consideration of the prayer for anticipatory bail at this
stage.
11. The petition is accordingly disposed of.
04.04.2024 (HARSH BUNGER)
Himani JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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