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2019 DIGILAW 1438 (PNJ)

Jagroop Singh v. State of Punjab

2019-05-10

MAHABIR SINGH SINDHU

body2019
JUDGMENT Mr. Mahabir Singh Sindhu, J. (Oral):- Present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to petitioner No.2 in case FIR No. 130 dated 20.10.2018, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Jalalabad, District Fazilka. 2. On 10.04.2019, the following order was passed by this Court: “Contends that recovery of the alleged contraband was effected from Honda City Car bearing registration No.DL-3C-AK-6652 and the occupants were petitioner Nos.1 and 3, namely, Jagroop Singh and Kulwinder Singh. Further contends that as per the allegation of the prosecution itself, petitioner No.2-Gurmeet Singh @ Jagmeet Singh was travelling in a different Car i.e. Accent and as such, he has been falsely implicated. Also contends that there is no other criminal case pending against petitioner No.2. Learned State Counsel will take instructions regarding the pendency of any criminal case against petitioner No.2-Gurmeet Singh @ Jagmeet Singh. Adjourned to 10.05.2019 for further consideration. In the meanwhile, petitioner No.2-Gurmeet Singh @ Jagmeet Singh is directed to join the investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail in the present case till the next date of hearing on his furnishing adequate bail and surety bonds to his satisfaction. Petitioner No.2-Gurmeet Singh @ Jagmeet Singh is also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C.” 3. It is contended by learned counsel for the petitioner that in terms of the order dated 10.04.2019, petitioner No.2 has joined the investigation. 4. On instructions from SI Balwinder Singh, the above factual position is duly acknowledged by learned State counsel and stated that the custodial interrogation of petitioner No.2 is no longer required in the present case. 5. In view of the above, the order dated 10.04.2019 is made absolute subject to the provisions of Section 438(2) Cr. P.C. 6. Petition stands disposed off.