Gurdeep Singh And Others vs State Of Punjab

Manoj Bajaj, J

Petitioners have filed this petition under Section 438 Code of Criminal Procedure for grant of anticipatory bail in a case FIR No.195 dated 03.08.2019

under Sections 323/452/506/148/149 IPC, 1860, registered at Police Station Salem Tabri, District Ludhiana. They apprehended their arrest at the

hands of Police.

Learned counsel for the petitioners has invited the attention of the Court to the order dated 16.09.2019 whereby while issuing notice of motion to the

respondent-State, the interim protection was extended to the petitioners. The said order reads as under:-

“Learned counsel for the petitioners contends that a matrimonial dispute is pending between the complainant and petitioner No.3 and the petitioners

have been falsely implicated in the present FIR. It is pointed out that the petitioners were granted interim concession of pre-arrest bail by the

Additional Sessions Judge, Ludhiana. Notice of motion for 03.02.2020.

Meanwhile, the petitioners shall join the investigation and would come present as and when called for and in the event of arrest, the petitioners shall be

admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also

abide by the conditions as specified under Section 438 (2) Cr.P.C.â€​

Learned counsel for the petitioners further contends that in deference to the said order, the petitioners submitted themselves before the Police and

joined the investigation. According to him, the petitioners cooperated with the Police Authorities during the investigation and furnished requisiteÂ

bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel who is assisted by ASI Surinder Singh does not dispute this fact that the petitioners have joined the investigation.

Learned counsel on instructions from ASI Surinder Singh further states that the petitioners are not required for custodial interrogation for the time

being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 16.09.2019 is made absolute.