High CourtsSingle Bench

Sarbjeet Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 17 December 2020 · Citation: (2020) 12 P&H CK 0304

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 399, 402, 411, 483 · Arms Act, 1959 — Section 25 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 24235 Of 2020
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Judgment

19 paragraphs · 281 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.42 dated 16.03.2020, registered at Police Station Urban Estate,

District Patiala, under Sections 399, 402 IPC (Sections 411, 483 IPC and Sections 25 of the Arms Act added later on).

A Coordinate Bench of this Court, on 25.08.2020, passed the following order:

“Inter alia submits that the petitioner has been falsely implicated, which is evident from the fact that he allegedly managed to escape from the

raiding party whereas the other co-accused were arrested. No recovery is to be effected and thus, his custodial interrogation is not necessary.

Notice of motion.

Mr. Ramdeep Partap Singh, DAG, Punjab accepts notice and waives service.

Adjourned to 24.11.2020.

In the meantime, the petitioner is directed to join investigation with the Investigating Officer on 8.9.2020 at 10.00 a.m. and cooperate therewith. In the

event of his arrest, he shall be released on interim bail to the satisfaction of the Investigating Officer/SHO concerned subject to his compliance of the

conditions enshrined under Section 438(2) Cr.P.C.â€​

Learned counsel for the petitioner submits that pursuant to the order dated 25.08.2020 passed by the Coordinate Bench of this Court, the petitioner has

joined the investigation.

Learned State counsel, on instructions from ASI Iqbal Singh, submits that the petitioner has joined the investigation and is now 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 25.08.2020 granting interim bail

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