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Gurbinder Singh @ Pappa vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 January 2021 · Citation: (2021) 01 P&H CK 0416

HON’BLE JUDGES
Anupinder Singh Grewal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 406, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 34432 Of 2020
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Judgment

18 paragraphs · 264 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 102 dated 25.09.2020, under Sections 420 and 406 of the Indian Penal Code, 1860, registered at

Police Station Behrampur, District Gurdaspur.

Learned counsel for the petitioner contends that it is alleged in the FIR that the petitioner had sold JCB machine after the death of Joginder Singh. It is

also mentioned in the FIR that the JCB machine was purchased jointly by the complainant and Joginder Singh. He, however, contends that Joginder

Singh had expired 13 years ago and, therefore, there is an unexplained delay of 13 years in registering the FIR, as Joginder Singh had handed over the

JCB machine to the petitioner prior to his death.

This Court, by order dated 29.10.2020 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event

of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions

envisaged under Section 438(2) Cr.P.C.

Learned State counsel, upon instructions from ASI Gurnam Singh, states that the petitioner has joined investigation and is not required for custodial

interrogation.

In view of the above and the petitioner having joined investigation and not required for custodial interrogation, the Covid-19 Pandemic, the order dated

29.10.2020 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon

to do so.

The petition stands disposed of.