Punjab-Haryana High Court
Pardeep Singh vs State Of Punjab on 10 April, 2024
2024:PHHC:049156
212 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5895-2024
Date of Decision:10.04.2024
PARDEEP SINGH ...Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present:- Mr. Anoop Verma, Advocate for the petitioner.
Ms. Manjor Kaur, AAG, Punjab.
HARSH BUNGER, J.(Oral)
1. Prayer in the present petition has been filed under Section 438 of the
Code of Criminal Procedure seeking anticipatory bail in FIR No.617 dated
23.12.2021 registered under Sections 406, 420, 465, 468, 471, 120-B of Indian
Penal Code, 1860 at Police Station Zirakpur, District SAS Nagar.
2. On 12.02.2024 the following order was passed by a Co-ordinate
Bench of this Court:-
"1. Contends, inter alia, that there is no material available on record
regarding complicity of the petitioner in the present case; nor any money
has been received by him.
2. Notice of motion.
3. Mr. Neeraj Madaan, Sr. DAG, accepts notice on behalf of the
respondent-State and seeks time to have instructions and/or file written
response in the matter
4. Posted for 10.04.2024.
5. In the meanwhile, petitioner shall join investigation before the
Investigating Officer. In the event of his arrest, the Arresting Officer
would admit him to interim bail, till the next date of hearing, on
furnishing adequate bail and surety bonds to his satisfaction. The
petitioner shall also abide by all the conditions as envisaged under
Section 438(2) of the Code of Criminal Procedure 1973."
3. Learned counsel for the petitioner submits that pursuant to the
aforesaid order, the petitioner has joined the investigation.
authenticity of this order/judgment.
4. 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.
5. Heard learned counsel for the parties.
6. 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 12.02.2024 passed by a Co-ordinate Bench of this Court is
made absolute.
7. 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.
8. 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.
9. 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.
10. The petition is accordingly disposed of.
April, 10.2024 (HARSH BUNGER)
himanshu JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
authenticity of this order/judgment.
