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Gurvinder Singh Vs State of Punjab

Case No: Criminal Miscellaneous No. M-19033 of 2010

Date of Decision: March 29, 2011

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 173, 438, 438(2)#Penal Code, 1860 (IPC) — Section 420

Hon'ble Judges: Rajan Gupta, J

Bench: Single Bench

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Judgement

Rajan Gupta, J.@mdashThis is a petition filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the

Petitioner vide FIR No. 102 dated 05.06.2010 u/s 420 IPC at Police Station Chhehartta, Amritsar.

2. Learned State counsel at the outset seeks permission of this Court to place on record reply by way of affidavit of Commissioner of Police,

Amritsar city. The prayer is accepted. Affidavit is taken on record. Learned State counsel submits that investigation in this case has already been

completed and challan is likely to be presented before the competent Court of jurisdiction shortly.

3. Learned Counsel for the Petitioner submits that the Petitioner joined investigation during the proceedings and shall face the trial in case name of

the Petitioner figures in the final report submitted by the police. Mr. Chaudhri has emphasized that in the initial version, the complainant had named

Danish Immigration as the main accused as well as owner thereof (Onkar Singh). He, however, submits that he shall take all these pleas at the

relevant stage before the trial Court.

4. In view of the fact that investigation of the case has been completed and stand of the investigating agency is that it is likely to submit its final

report u/s 173 Code of Criminal Procedure. before the competent Court of jurisdiction shortly, I am of the considered view that interim order

dated July 07, 2010 needs to be made absolute. This, however, will be subject to the provisions as envisaged u/s 438(2) Code of Criminal

Procedure.

Disposed of.