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Punjab-Haryana High Court
Jagjeet Singh vs State Of Punjab on 27 February, 2024
Neutral Citation No:2024:PHHC:027436
2024:PHHC:027436
207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-35231-2023
Date of Decision : 27.02.2024
JAGJEET SINGH …..Petitioner
VERSUS
STATE OF PUNJAB …..Respondent
CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Amandeep Singh Manaise, Advocate,
for the petitioner.
Mr.Pardeep Bajaj, DAG, Punjab.
Mr. Yogesh Aneja, Advocate,
for the complainant.
KULDEEP TIWARI. J.(Oral)
1. On 11.12.2023, the following order was passed by a co-
ordinate Bench of this Court:-
“Prayer in this petition filed under Section 438 Cr.P.C. is
for grant of anticipatory bail in case FIR No.84 dated
27.06.2023, under Section 406 IPC, registered at Police Station
Vairoke, District Fazilka.
Today is the fourth opportunity to file status reply/status
report. Learned State counsel seeks yet more time to file the
same.
Learned counsel for the petitioner has argued that there
is a delay of 04 years in lodging the FIR. It is submitted that
petitioner is ready to join investigation and cooperate with the
investigating agency.
At the request of learned State counsel, adjourned to
06.02.2024.
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In the meanwhile, petitioner shall join the investigation
and would associate as and when called. In the event of arrest,
the petitioner shall be admitted to interim bail on furnishing
personal bond and surety to the satisfaction of Arresting/
Investigating Officer. The petitioner shall abide by the
conditions specified in Section 438(2) Cr.P.C.”
2. Today, learned State counsel has filed a status report dated
19.02.2024, by way of an affidavit of Mr. Achhru Ram Sharma, DSP,
Sub-Division Jalalabad, District Fazilka, today in the Court, which is
taken on record.
3. Learned counsel for the petitioner after perusing aforesaid
status report, submits that Section 201 of the IPC, be added in the head
note as well as in the prayer clause of the petition.
4. The asked for request is allowed.
5. The Registry is directed to carry out the necessary
corrections in the head note and the prayer clause of the petition, by
adding Section 201 of the IPC.
6. As per the status report, the petitioner has joined
investigation on dated 13.02.2024, and during investigation he has
disclosed before the investigating officer that he has already sold out all
the gold and silver ornaments of the complainant, and has used Rs.1 lakh
of the complainant, and further he has refused to give any detail regarding
the said ornaments and cash amount. Therefore, vide DDR No.30, dated
13.02.2024, offence under Section 201 of the IPC, has been added in the
instant FIR.
7. Learned counsel for the petitioner submits that a perusal of
the FIR, reveals that the complainant is the real aunt (Bua) with whom
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petitioner has some monetary dispute.
8. He further submits that the allegation against the petitioner
that he has taken away the gold and silver ornaments are totally vague,
and that too according to the complainant herself, same have been taken
by the complainant four years back.
9. He further submits that there is no description about the gold
and silver articles, whether, these were in the form of coins, jewelry etc.
hence, the veracity of such allegation is yet to be established.
10. Learned counsel for the petitioner further submits that
through the instant petition, which has been filed under Section 438
Cr.P.C. by the petitioner seeking anticipatory bail, cannot be converted
into a recovery suit.
11. On a specific query put to learned State counsel, he submits,
on instructions imparted to him by ASI Harkesh Kumar, that though the
petitioner has joined investigation, but the recovery of gold and silver
articles and cash amount, is yet to be recovered from the petitioner.
12. The asked for relief is vociferously opposed by learned
counsel for the complainant.
13. Be that as it may, this Court has considered the entire
allegations, and submissions, as made by the learned counsel for the
petitioner as well as learned State counsel, further assisted by the learned
counsel appearing for the complainant.
14. Since the petitioner has joined the investigation and
allegations which are levelled against him are under Sections 406
and 201 of the IPC, for which punishment prescribed as per statute is less
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than 7 years, this Court deems it appropriate to allow the instant petition,
and the order dated 11.12.2023, is hereby, made absolute, on the terms
and conditions as envisaged under Section 438(2) of the Cr.P.C.
15. Ordered accordingly.
(KULDEEP TIWARI)
February 27, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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