Partly allowed

Surinder Singh @ Sonu v. State of Punjab

Punjab & Haryana HC17 Sept 2021CRM-M/5538/2020

Case brief

AI extract

What is this about?

The High Court accepted the petitioner's petition for anticipatory bail, making previous interim directions absolute on the condition that he join investigation and comply with Section 438(2) Cr.P.C. as his custodial interrogation was not required.

What did the court decide?

Petition accepted; interim directions made absolute subject to joining investigation and complying with Section 438(2) Cr.P.C.

Surinder Singh @ Sonu Vs State of Punjab — Punjab & Haryana HC (2021) — LawSathi Research

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CRM-M-5538-2020

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201

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-5538-2020 (O&M) Date of Decision: 17.09.2021

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Surinder Singh @ Sonu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present: Mr. G.V.S. Behl, Advocate, for the petitioner.

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Mr. Ajay Pal Singh Gill, DAG, Punjab assisted by ASI Gurjit Singh.

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(proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J. (Oral)

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The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.181 dated 12.10.2019 at Police Station Division No.3, District Ludhiana, under Sections 452/307/323/506/34 IPC.

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At the time of issuance of notice of motion on 07.02.2020, the following order was passed:

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“The petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.0181 dated 12.10.2019 registered under Sections 452, 307, 323 and 506 read with Section 34 of the Indian Penal Code, 1860 at Police Station Division No.3, District Ludhiana. Learned Counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case for pressurizing him to repay the alleged loan taken from the complainant. No such loan was taken by the petitioner from

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VANDANA YADAV 2021.09.17 18:16 I attest to the accuracy and integrity of this document

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CRM-M-5538-2020

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the complainant. Except injury No.1 other injuries, most of which are abrasions, are on non-vital part of the body and simple in nature. Injury No.1 was declared grievous but there was no medical opinion as to the same being dangerous to life. The petitioner is ready to join the investigation and his custodial interrogation is not required in the case. Notice of motion.

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On the asking of the Court, Mr. Sandeep Singh Deol, D.A.G. Punjab accepts notice on behalf of the respondent-State. Copy of the paper book has been supplied to learned State Counsel, who seeks time to complete his instructions. Adjourned to 20.04.2020.

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In the meanwhile, the petitioner is directed to join the investigation as and when called upon to do so. In the event of his arrest, the petitioner shall be released on interim bail by the arresting officer/investigating officer on furnishing of bail bonds by him to the satisfaction of the arresting officer/investigating officer. The petitioner shall comply with the conditions enumerated under Section 438(2) of the Cr.P.C. failing which he shall not be entitled to the protection of interim bail allowed to him. ”

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Learned State counsel upon instructions has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required and that he is not wanted in any other case.

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In view of the aforestated position, wherein the petitioner is stated to have joined investigation and his custodial interrogation is not required and is not even stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 07.02.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called

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VANDANA YADAV 2021.09.17 18:16 I attest to the accuracy and integrity of this document

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CRM-M-5538-2020

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upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

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17.09.2021 (GURVINDER SINGH GILL) VY JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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VANDANA YADAV 2021.09.17 18:16 I attest to the accuracy and integrity of this document

Surinder Singh @ Sonu v. State of Punjab

Case brief

What is this about?

What did the court decide?

Surinder Singh @ Sonu v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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