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[Cites 18, Cited by 0]

Punjab-Haryana High Court

Jagdeep Singh @ Nona vs State Of Punjab on 19 July, 2021

Author: Raj Mohan Singh

Bench: Raj Mohan Singh

CRM-M-5887-2021                                                 1

204
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                CRM-M No.5887 of 2021
                                Date of Decision: 19.07.2021

JAGDEEP SINGH @ NONA                                 ......Petitioner
     Vs
 STATE OF PUNJAB                                     .....Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr.Surinder Thakur , Advocate
        for the petitioner.

          Mr. Sandeep Kumar, DAG, Punjab.

            ****

RAJ MOHAN SINGH, J. (Oral)

The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail in case bearing FIR No.123 dated 02.09.2020 registered under Sections 307, 353, 379-B, 332, 333, 323, 324, 186, 120-B, 506, 148, 149, 188, 269, 270, 271 IPC and Sections 51 and 53 of Disaster Management Act, at Police Station Hariana, District Hoshiarupur, Punjab.

On 09.02.2021, following order was passed by this Court:-

"Learned counsel for the petitioner prays for grant of anticipatory bail to the petitioner while inter-alia arguing that the petitioner has been falsely implicated in the 1 of 3 ::: Downloaded on - 20-07-2021 06:41:56 ::: CRM-M-5887-2021 2 present case and a detailed FIR has been filed in which several persons have been nominated and a specific role regarding the injuries inflicted by them has been mentioned therein. It is submitted that the petitioner is neither named in the said FIR, nor he would be found in the video allegedly recorded on the mobile phone. It is further submitted that the petitioner has been nominated only on the basis of a confessional statement. Apart from this, counsel urges that several persons were nominated in the FIR but the challan has been presented against only four of them.
Notice of motion.
Ms. Rashmi Attri, DAG, Punjab appearing through the medium of video conferencing accepts notice on behalf of the respondent State and seeks time to file reply.
Adjourned to 19.07.2021.
Meanwhile, petitioner is directed to join the investigation within a period of one week and on doing so, the petitioner be released on interim bail to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions incorporated under Section 438(2) Cr.P.C.


                                                    (JAISHREE THAKUR)
        February 09, 2021                                JUDGE"
        seema

Learned counsel for the petitioner submits that out of number of persons arrayed as accused, the challan was submitted only qua four of them. Though in the challan, petitioner has been wrongly shown as an accused on the run, but he has already joined the investigation.
Learned State counsel on instructions from ASI Parvinderjeet Singh submits that the petitioner has joined the investigation on 12.02.2021 to the satisfaction of the 2 of 3 ::: Downloaded on - 20-07-2021 06:41:56 ::: CRM-M-5887-2021 3 Investigating Officer and his custody is no more required for further investigation in the case.
In view of aforesaid factual position, the interim order dated 09.02.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.


                                            (RAJ MOHAN SINGH)
19.07.2021                                       JUDGE
Amandeep
           Whether speaking/reasoned       Yes/No
           Whether reportable              Yes/No




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