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Judgment
Gurvinder Singh Gill, J
The petitioner seeks grant of anticipatory bail in respect of aforementioned FIR.
At the time of issuance of notice of motion on 02.12.2023, the following order was passed:
“Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail.
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Counsel for the petitioner contends that the petitioner has been named as an accused on the basis of disclosure statement of co-accused, who allegedly committed theft in the house of the complainant in the night intervening 08-09/07/2021. Counsel submits that after trial, both the accused have been acquitted by judgment dated 14.11.2022, Annexure P-2. Still further, it is his submission that petitioner has been falsely implicated as an accused in four other criminal cases, all lodged within the span of few days with similar allegations, wherein the main accused have been acquitted after trial. Counsel submits that the petitioner, who is a goldsmith, is prepared to join the investigation.
Notice of motion.
On asking of the Court, Mr. A.P.S.Tung, DAG, Punjab accepts notice on behalf of the State-respondent.
List on 15.02.2024.
Petitioner is directed to join the investigation on 18.12.2023 at 10:00 A.M. at Police Station Khuian Sarwar, District Fazilka and co-operate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C.”
Learned State counsel upon instructions has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation.
Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 02.12.2023 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called 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.