Punjab-Haryana High Court
Jugraj Singh vs State Of Punjab on 14 November, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M_ No.39192 of 2023 (O&M) ss: 2023:PHHC:145231 217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 39192 of 2023 (O&M) Date of decision : 14.11.2023 JugrajSingh ae Petitioner versus StateofPunjabo ee Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN Present :- ke Mr. Amit Arora Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab. ke PANKAJ JAIN, J. (ORAL)1 POOJA SHARMA 2023.11.17 09:34 I attest to the accuracy and authenticity of this order/judgment.
On 10.08.2023 the following order was passed:-
"Apprehending his arrest in FIR No.20 dated 22.02.2020, registered under Sections 365/307/397/34 IPC (Sections 379-B, 392 IPC added later on) and Sections 25/27 of the Arms Act at Police Station Chattiwind, District Amritsar Rural, petitioner seeks pre- arrest bail.
Learned counsel for the petitioner inter-alia contends that the complainant has turned hostile and not supported the prosecution version. He further contends that the co-accused namely Partap Singh @ Para already stands admitted to regular bail.
Notice of motion for 14.11.2023.
On the asking of the Court, Mr. Amit Shukla, Asst. A.G., Punjab appears and accepts notice on behalf of the respondent- State.
In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the arresting officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the CRM-M_ No.39192 of 2023 (O&M) 2: 2023:PHHC:145231 CrPC."
2 Learned State counsel on instructions from ASI Vias Dev Singh submits that the witnesses in the main trial against co-accused turned hostile and qua the present petitioner also the complainant has suffered affidavit placed on record as Annexure P-4 to the following effect :-
AFFIDAVIT I, Gurjit Singh son of Hardev Singh, resident of Village Pandori Kalan, PS Sadar, Tehsil and District Tarn Taran and submits as under:
1. That I have got registered one case FIR No. 20, dated 22.02.2020, registered under Sections 307/365/379-
B/392/397/34 IPC and Section 25/27/54/59 of Arms Act, PS Chatiwind, Amritsar against some unidentified persons.
2. That in the said incident of attacking and snatching upon me Jugraj Singh son of Satnam Singh, resident of Village Karmuwala, Chohla Sahib, District Tarn Taran was not present and was not involved.
3. That in case aforesaid Jugraj Singh son of Satnam Singh got anticipatory bail or got acquitted in the abovesaid case then I will not be having any kind of objection because he is innocent and he has not attacked upon me in the incident of the above said case. I have executed my affidavit with my free consent and without any kind of pressure and in my full senses.
Deponent Sd/- Gurjit Singh 3 In view of above, the interim order dated 10.08.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.
4 This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be POOJA SHARMA 2023.11.17 09:34 I attest to the accuracy and authenticity of this order/judgment. CRM-M_ No.39192 of 2023 (O&M) 333: 2023:PHHC:145231 confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
5 This order does not in any manner limit or restrict the rights or duties of the police or investigating agency, to investigate into the charges against the petitioner.
6 The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act, 1872 in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.
7 It will be open to the police or the investigating agency to move this court for a direction under Section 439 (2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.
8 Petition stands disposed off.
9 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.
(PANKAJ JAIN ) JUDGE 14.11.2023 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2023.11.17 09:34 I attest to the accuracy and authenticity of this order/judgment.