IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision:12.09.2017
JAGTAR SINGH AND ANR … Petitioners
STATE OF PUNJAB AND ANOTHER …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. Rakesh Gupta, Advocate,
for the petitioners.
Mr. A.S. Dhaliwal, DAG, Punjab.
HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 438 Cr.P.C. is for
grant of anticipatory bail to the petitioners in FIR No.23 dated
18.04.2017 under Section 406 IPC, registered at Police Station
This Court vide order dated 22.05.2017 has granted interim
bail to the petitioner No.2-Kulwinder Kaur and vide order dated
01.06.2017 to petitioner No.1-Jagtar Singh, subject to their joining the
investigation as and when directed by the Investigating
Agency/Investigating Officer and to abide by the terms and conditions
laid down under Section 438(2) Cr.P.C. However, on the adjourned
date i.e. 18.07.2017, it was reported by learned State counsel on
instructions from ASI Major Gir that the petitioners are not cooperating
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with the investigation. Accordingly, vide order dated 18.07.2017,
petitioners were again directed to appear before the Investigating
Officer on 21.07.2017 and the case was adjourned to 11.08.2017.
Again on 11.08.2017, it was reported that the petitioners are not
cooperating in the investigation. Therefore, vide order dated
11.08.2017, they were once again directed to appear before the
Investigating Officer on 16.08.2017.
Learned counsel for the petitioners contends that pursuant
to orders dated 22.05.2017 and 01.06.2017, petitioners have joined
Learned State counsel, who is assisted by ASI Major Gir,
has stated that in terms of above orders, the petitioners have joined
investigation, recovery has been effected and their custodial
interrogation is not required.
In view of above, present petition is allowed and interim
directions issued by this Court vide orders dated 22.05.2017 and
01.06.2017 are made absolute.
However, the petitioners shall continue to join investigation
as and when required to do so and shall abide by the terms and
conditions, as laid down under Section 438(2) Cr.P.C.
(HARI PAL VERMA)
Whether speaking/reasoned Yes/No.
Whether Reportable: Yes/No.
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