Punjab-Haryana High Court
Himmat Singh And Another vs State Of Punjab And Another on 8 May, 2024
Neutral Citation No:=2024:PHHC:065676
CRM-M-12912-2024 1 2024:PHHC:065676
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
208 CRM-M-12912-2024
Date of decision: 08.05.2024
HIMMAT SINGH AND ANOTHER
....Petitioners.
Versus
STATE OF PUNJAB AND ANOTHER
....Respondents.
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY
Present:- Mr. Ankur Mehta, Advocate for
Mr. Amandeep Singh Manaise, Advocate
for the petitioners.
Mr. Ankit Grewal, DAG, Punjab.
.....
SANJIV BERRY, J. (ORAL)
By way of present petition filed under Section 438 of the
Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in
case FIR (Annexure P-1) as under:
FIR No. Dated Sections Police Station
94 01.07.2023 323, 341, 365, 379-B, Shri Hargobindpur,
379-B(2) & 411 of IPC Police District
and Section 25 and 27 Batala, District
of Arms Act Gurdaspur
2. Learned counsel for the petitioners has submitted that in
compliance to the order dated 13.03.2024 passed by this Court, the
petitioner has already joined the investigation and as such interim bail
granted to the petitioner may be confirmed.
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3. Learned State counsel, on instructions from ASI Avdesh, has
intimated that the petitioners have joined investigation and are no more
required for any custodial investigation in this case nor are required for
further investigation.
4. Heard.
5. During the course of hearing on 13.03.2024, the following
order was passed:-
" 1. Prayer in this petition filed under
Section 438 of the Code of Criminal Procedure is for
grant of anticipatory bail to the petitioners in case
bearing FIR No.94 dated 01.07.2023 (Annexure P-
1), under Sections 323, 341, 365, 379-B, 379-B(2) &
411 of the Indian Penal Code and Sections 25 & 27
of the Arms Act, registered at Police Station Shri
Hargobindpur, Police District Batala, District
Gurdaspur.
2. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the
present case on the basis of disclosure statement of
co-accused, namely Shamsher Singh. It is submitted
that neither any role or injury has been attributed to
the petitioners nor any direct evidence is available
to connect them to the alleged occurrence. Learned
counsel for the petitioners contends that the bail
applications under Section 438 of the Code of
Criminal Procedure, filed on behalf of the
petitioners before the Court of Additional District
and Sessions Judge, Gurdaspur, have been wrongly
declined. It is submitted that co-accused, namely
Shamsher Singh @ Shera and Lovepreet Singh, have
already been granted bails by a co-ordinate Bench
of this Court vide separate judgments dated
21.02.2024 (Annexures P-3 and P-4) passed in
CRM-M-59102-2023 and CRM-M-55863-2023,
respectively.
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Learned counsel for the petitioners contends
that even otherwise, the matter has now been
amicably settled between the parties concerned and
Compromise Deed dated 26.07.2023 (Annexure P-2)
has also been executed to that effect. It is submitted
that the petitioners are ready and willing to join the
investigation as and when required by the
Investigating Agency or as directed by this
Court/trial Court.
3. Notice of motion.
4. At the asking of Court, Mr. Ankit Grewal,
Deputy Advocate General, Punjab, who is present in
Court, accepts notice on behalf of respondent
No.1/State. He prays for an accommodation to seek
instructions and file status report in the matter.
5. Learned counsel for the petitioners is directed to
hand over a complete set of paper book of this case
to learned State counsel during the course of the
day.
6. List on 08.05.2024.
7. In the meantime, the petitioners are directed to
join the investigation and co-operate fully in the
investigation process; and in the event of their
arrest, they be released on interim bail, subject to
their furnishing personal bonds and surety to the
satisfaction of the Arresting/Investigating Officer.
However, the petitioners shall continue to join the
investigation as and when called upon to do so and
shall abide by the conditions as provided under
Section 438(2) of the Code of Criminal Procedure. "
6. Keeping in view the above submissions made by learned
State counsel and the fact that the petitioners had joined the investigation
consequent to the order dated 13.03.2024 passed by this Court, interim
bail granted vide order dated 13.03.2024 is hereby confirmed, subject to
conditions as envisaged under Section 438(2) Cr.P.C. Further the
petitioners are directed to join investigation as and when required in
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future by way of written notice for such purpose to be served by
Investigating Officer of this case upon the petitioners; they will not
tamper with the evidence nor will influence the witnesses and will not
leave the country without prior permission of the Court.
7. The petition stands allowed.
(SANJIV BERRY)
08.05.2024 JUDGE
Kanika/joyti
i) Whether speaking/reasoned? Yes/No
ii) Whether reportable? Yes/No
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