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2020 DIGILAW 2080 (PNJ)

Sukhdev Singh @ Goli v. State of Punjab

2020-12-03

RAJ MOHAN SINGH

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Judgment Mr. Raj Mohan Singh, J. (Oral):- The case has been taken up for hearing through video conferencing. 2. Petitioner seeks grant of anticipatory bail in case bearing FIR No.187 dated 05.06.2020 registered under Sections 307, 148, 149 IPC 1860 and Sections 25 and 27 of Arms Act, 1959, Police Station City Kapurthala, District Kapurthala. 3. On 09.11.2020, following order was passed by the Coordinate Bench:- “Learned counsel for the petitioner has submitted that the petitioner has been wrongly implicated in the present case. He further submits that in fact, it was an old grudge between the parties that the present false FIR has been lodged against the petitioner. He has further submitted that so far as petitioner is concerned, there is no allegation that he has fired any shot and even otherwise also, it is a case of no injury. On the last date of hearing, the learned State counsel was asked to seek instructions on the basis of the contentions raised by the learned counsel for the petitioner that when the alleged occurrence took place at 9:30 P.M., it was not possible for the complainant to see the make of weapons which the accused were allegedly carrying. Learned State counsel has, on instructions from ASI Manjit Singh, submitted that there was street light and the weapon could be easily identified. Further on instructions, the learned State counsel has submitted that the petitioner is not involved in any other case. Adjourned to 3.12.2020. Meanwhile, it is directed that the petitioner shall appear before the Arresting/Investigating Officer and join the investigation and thereafter also as and when called upon to do so. In the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bond/surety bond to the satisfaction of Arresting/Investigating Officer. The petitioner shall abide by all the conditions as provided under Section 438 (2) Cr.P.C and will fully cooperate with the Investigating Agency.” 4. Learned counsel for the petitioner submitted that in compliance of the aforesaid order, the petitioner has joined the investigation. 5. Learned State counsel on instructions from ASI Gurmit Singh admitted the aforesaid fact and submitted that the petitioner is no more required for further investigation of the case. 6. In view of aforesaid factual position, the interim order dated 09.11.2020 is made absolute. 5. Learned State counsel on instructions from ASI Gurmit Singh admitted the aforesaid fact and submitted that the petitioner is no more required for further investigation of the case. 6. In view of aforesaid factual position, the interim order dated 09.11.2020 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. 7. Petition stands disposed of.