Punjab-Haryana High Court
Kuldip Singh vs State Of Punjab on 10 April, 2024
Neutral Citation No:=2024:PHHC:049438
2024:PHHC:049438
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213 CRM-M-11505-2024
Date of Decision : April 10, 2024
KULDIP SINGH .....Petitioner
VERSUS
STATE OF PUNJAB .....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Himanshu Puri, Advocate for the petitioner.
Mr. Akshay Kumar, AAG, Punjab.
KULDEEP TIWARI, J. (Oral)
1. On the last date of hearing, i.e. 4.3.2024, the following order
was passed by a Co-ordinate Bench of this Court:-
"The instant petition has been filed under Section
438 of the Code of Criminal Procedure (hereinafter
referred to as Cr.P.C) for grant of anticipatory bail to
the petitioner in FIR No.95 dated 01.10.2023 registered
under Sections 406, 420, 120-B IPC and Section 13 of
the Punjab Travel Professionals (Regulation) Act, 2014
at Police Station Sadar Kapurthala, District Kapurthala.
Learned counsel for the petitioner, inter alia,
contends that the petitioner has been falsely implicated
in the present case. He has clean antecedents, as he is
not engaged in the business of immigration. In fact, the
son of the petitioner has travelled to several countries
and the immigration agent Lakhwinder Singh i.e. the co-
accused has helped him in securing visa, however,
ultimately after visa of son of the petitioner was expired,
he was deported. It is further contended that similarly
situated co-accused namely Monica has been granted
anticipatory bail by this Court in CRM-M No.64858 of
2023 on 08.02.2024. The maximum punishment provided
for the offence alleged to be committed in the FIR
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(supra) is upto 7 years and no notice under Section 41-A
Cr.P.C. was served upon the petitioner. As such, in view
of the ratio of law culled out in the judgment rendered
by the Hon'ble Supreme Court in Satender Kumar Antil
Vs. CBI (2022) 10 SCC 51, the petitioner is entitled for
bail.
Notice of motion.
On the asking of the Court, Mr. Subhash Godara,
Addl. A.G., Punjab, who is present in Court, accepts
notice on behalf of the respondent-State and opposes the
prayer for grant of anticipatory bail to the petitioner.
In the meantime, keeping in view the law
enunciated by the Hon'ble Supreme Court in Satender
Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh
Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd.
Muslim alias Hussain Vs. State (NCT of Delhi) 2023
SCC OnLine SC 352, at the first instance, the petitioner
is directed to appear before the Investigating Officer on
or before 12.03.2024 and on his doing so or in the event
of arrest, the petitioner shall be admitted to interim bail
on furnishing of bail/surety bond to the satisfaction of
the Investigating/Arresting Officer. The petitioner shall
cooperate with the Investigating Officer and abide by the
conditions as provided under Section 438 (2) Cr.P.C.
If the Investigating/Arresting Officer does not
permit the petitioner to join the investigation, the
petitioner would appear before the Illaqa Magistrate,
who would then summon the Arresting Officer and direct
him to join the petitioner in investigation, in terms of the
order of this Court.
Adjourned to 10.04.2024.
Nothing observed hereinabove shall be construed
as expression of opinion of this Court on merits of the
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case and the trial Court shall proceed without being
prejudiced by observations of this Court."
2. Today, the learned State counsel on instructions imparted to
him by the official concerned, submits that the petitioner has already
joined the investigation and he is fully co-operating with the investigation
process and he is not required for any further custodial investigation.
3. In view of the specific stand taken by the learned State
counsel, the present petition is allowed and order dated 4.3.2024 is,
hereby, made absolute subject to the condition that the petitioner shall
abide by the conditions as envisaged under Section 438(2) Cr.P.C.
(KULDEEP TIWARI)
April 10, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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