Barinder Singh @ Dimpu vs State Of Punjab & Ors.

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks anticipatory bail in case FIR No.141 dated 07.09.2020, registered at Police Station Anandpur Sahib, District

Rupnagar, under Sections 454 and 380 IPC.

This Court, on 01.10.2020, passed the following order:

“Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks anticipatory bail in case FIR No.141 dated 07.09.2020, registered at Police Station Anandpur

Sahib, District Rupnagar, under Sections 454 and 380 IPC.

Learned counsel for the petitioner submits that even as per the revenue records, co-accused, namely, Vikam Singh is owner of the property

described in the above-noted FIR; that Harneek Singh alias Lali and Davinder Singh (respondents No.2 and 3, respectively), who are

allegedly stated as eye-witnesses in the FIR, have not supported the version of complainant-Jagpal Singh Rana and sworn affidavits dated

22.09.2020 (Annexures P-3 and P-4, respectively) deposing therein that no such alleged incident had ever been witnessed by them.

Notice of motion.

On the asking of this Court, Mr. Pawan Sharda, Sr. DAG, Punjab, accepts notice on behalf of respondent No.1-State, and submits that

there are specific allegations against the petitioner that he has committed the theft after doing lurking house-trespass.

At this stage, Mr. Samjot Singh, Advocate, puts in appearance and files his power of attorney on behalf of respondents No.2 and 3 through

e-mail. Print out of the same is taken on record. He submits that it is co-accused, Vikram Singh, who is owner of the property as mentioned

in the above-noted FIR.

Adjourned to 14.01.2021.

Meanwhile, the petitioner is directed to join the investigation and if he is sought to be arrested, he shall be released on interim bail to the

satisfaction of Investigating Officer/Arresting Officer subject to the conditions as envisaged in Section 438 (2) of the Code of Criminal

Procedure.â€​

Learned counsel for the petitioner submits that pursuant to the order dated 01.10.2020 passed by this Court, the petitioner has joined the investigation.

Learned State counsel, on instructions from S.I. Ranbir Singh, submits that the petitioner has joined the investigation and recovery has also been

effected from him. He further states that as ordered vide order dated 11.09.2020 passed by this Court, the petitioner had deposited Rs.4,000/- and is

not required for any further investigation.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 11.09.2020 granting interim bail

to the petitioner, is made absolute, subject to the conditions laid down in Section 438 (2) Cr.P.C.