Punjab-Haryana High Court
Tejinderpal Singh vs State Of Punjab on 6 March, 2024
Neutral Citation No:=2024:PHHC:032362
2024:PHHC:032362
CRM-M-6469-2024 1
211 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRM-M-6469-2024 (O&M)
Date of Decision: 06.03.2024
TEJINDERPAL SINGH
...Petitioner
V/S
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Ms. Puja Chopra, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG Punjab.
****
HARPREET SINGH BRAR J. (Oral)
1. Through the instant petition, the petitioner is seeking anticipatory
bail in case FIR No. 535 dated 16.12.2023 registered under Sections 52-A,
42 of Prisons Act and Section 120-B of Indian Penal Code at Police Station
Goindwal Sahib, District Tarn Taran.
2. On 07.02.2024, following order was passed:
"The present 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.535 dated 16.12.2023 registered under
Sections 52-A, 42 Prisons Act and Section 120-B IPC at
Police Station Goindwal Sahib, District Tarn Taran.
Learned counsel for the petitioner, inter alia,
contends that the petitioner has been made a scapegoat as
he recently joined his duty as Guard in the month of June,
2023. The alleged recovery of mobile is made from one
Kirpal, who used to serve tea to police officials and another
phone was recovered from Munish to whom the petitioner is
not known. Further, maximum sentence provided for the
offences alleged to be committed in the FIR registered
against the petitioner is less than 3 years. It is further
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contended that no notice under Section 41A Cr.P.C. has
been issued to the petitioner and as such, in view of the ratio
of law culled out in the judgment of 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 respondentState 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
14.02.2024 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 06.03.2024.
Nothing observed hereinabove shall be construed
as expression of opinion of this Court on merits of the case
and the trial Court shall proceed without being prejudiced
by observations of this Court."
3. Learned State counsel on instructions from ASI Bhupinder Singh,
submits that in compliance of order dated 07.02.2024 passed by this Court,
the petitioner has joined the investigation and is not required for further
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custodial interrogation.
4. Keeping in view the statement made by learned State Counsel
the order dated 07.02.2024, is made absolute. The petitioner shall abide by
the terms and conditions enumerated in Section 438(2) of Cr.P.C.
5. The petition is accordingly allowed.
(HARPREET SINGH BRAR)
06.03.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:032362
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