Punjab-Haryana High Court
Gurpreet Singh vs State Of Punjab on 13 May, 2024
214
2024:PHHE- 088584
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-8042-2024
Date of decision: 13.05.2024
GURPREET SINGH .».PETITIONER
VERSUS
STATE OF PUNJAB «RESPONDENT
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY
Present:- | Mr. Ashish Kaushik, Advocate for
Mr. A.P.S. Sandhu,Advocate
for the petitioner.
Mr. Adesh Pal Singh, AAG, Punjab.
3 2k 24 ok 2k
SANJIV BERRY, J.(ORAL)
By way of present petition filed under Section 438 of Code of
Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR
(Annexure P-1) as under:
FIR No. | Dated Sections Police Station
110 12.09.2023 |21 of Narcotic Drugs and|Khilchian, District
Psychotropic Substances| Amritsar Rural,
Act, 1985. Amritsar.
2. Learned counsel for the petitioner submits that in compliance
to the order dated 15.02.2024 passed by this Court, the petitioner has
already joined the investigation and as such prayed for confirming the
interim bail granted vide order dated 15.02.2024.
3. Learned State counsel, on instructions from ASI Sanjeev
Kumar, P.S. Khilchian, District Amritsar Rural, intimates that the petitioner
had joined the investigation in the case and is no more required for any
custodial investigation in this case nor he is required for further
KANIKA
2024.05.15 10:39 « : :
I attest to the acculaavestigation.
authenticity of this
order/judgment
CRM-M-8042-2024 a)
4. During the course of hearing on 15.02.2024, following order
was passed:
"The jurisdiction of this Court has been invoked under
Section 438 CrPC., for grant of anticipatory bail to the
petitioner in FIR No.110, dated 12.09.2023 (Annexure P-1),
under Section 21 of the NDPS Act, 1985, registered at Police
Station Khilchian, District Amritsar Rural.
Learned counsel for the petitioner contends that the
recovery of alleged contraband i.e. 15 grams of heroin was
effected from the co-accused Rajwinder @ Raja and Gurpreet
Singh @ Gopi but the petitioner has been subsequently
nominated as an accused only on the basis of disclosure
statement of co-accused Gurpreet Singh @ Gopi though no
other incriminating material is available with the
Investigating Agency to connect the present petitioner with the
alleged contraband.
Notice of motion.
On the asking of the Court, Mr. Rajiv Verma, DAG,
Punjab accepts notice on behalf of the respondent-State and
seeks time to get necessary instructions.
In the meantime, the petitioner is directed to be released
on interim bail subject to his joining investigation and
reporting to the Investigating Officer concerned within one
week from today, on furnishing of personal/surety bonds to the
satisfaction of Arresting/Investigating Officer. The petitioner
shall also abide by the terms and conditions as envisaged
under Section 438(2) of Cr.P.C.
Adjourned to 13.05.2024."
5. Keeping in view the respective submissions made by learned
State counsel and considering the fact that the petitioner had already joined
the investigation and is no more required for further investigation nor he
214 sarap ascent &
CRM-M-8042-2024 ~~ 3
is required for any custodial interrogation, interim bail granted vide
order dated 15.02.2024 is hereby confirmed, subject to conditions as
envisaged under Section 438(2) Cr.P.C. Further, the petitioner is directed to
join investigation as and when required in future by way of written notice
for such purpose to be served by Investigating Officer of this case upon the
petitioner; he will not tamper with the evidence nor will influence the
witnesses and will not leave the country without prior permission of the
Court.
6. The petition stands allowed.
7. It is made clear that anything contained hereinabove shall not
be construed to be an expression of opinion on the merits of the case.
13.05.2024 (SANJIV BERRY)
kanika JUDGE
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
