Kala v. State of Punjab
Case Details
CRM-M-65600- -2024 (O&M) -1- 208 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CRM CRM-M-65600-2024 (O&M) Date of Decision : 17.07.2025 Date of Decision : Gurpartap Singh @ Kala Gurpartap Singh @ Kala ....Petitioner VERSUS State of Punjab ....Respondent
Legal Reasoning
VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE VIKRAM AGGARWAL CORAM : HON'BLE MR. JUSTICE Present: Mr. Sandeep Wadhawan, Advocate for the petitioner. Mr. Sandeep Wadhawan, Advocate for the petitioner. Mr. Sandeep Wadhawan, Advocate for the petitioner. Ms. Shiny Chopra, AAG Punjab. Ms. Shiny Chopra, AAG Punjab. VIKRAM AGGARWAL, J. (Oral) VIKRAM AGGARWAL, J. -.- 1. Prayer in the present petition filed Prayer in the present petition filed under Section 438 Cr.P.C is for the under Section 438 Cr.P.C is for the arrest bail in case FIR no. 155, dated 07.09.2023, registered under grant of pre-arrest bail in case FIR no. 155, dated 07.09.2023, registered under arrest bail in case FIR no. 155, dated 07.09.2023, registered under arrest bail in case FIR no. 155, dated 07.09.2023, registered under 61/85 of N.D.P.S Act, at Police Station Beas, District Amritsar Rural. Sections 21/29/61/85 of N.D.P.S Act, at Police Station Beas, District Amritsar Rural 61/85 of N.D.P.S Act, at Police Station Beas, District Amritsar Rural 61/85 of N.D.P.S Act, at Police Station Beas, District Amritsar Rural 2. On 31.12.2024, the following order was passed by this Court:- On 31.12.2024, the following order was passed by On 31.12.2024, the following order was passed by “ Learned counsel for the petitioner inter alia contends that the Learned counsel for the petitioner inter alia contends that the Learned counsel for the petitioner inter alia contends that the petitioner was not arrested from the spot and was in fact named in the petitioner was not arrested from the spot and was in fact named in the petitioner was not arrested from the spot and was in fact named in the petitioner was not arrested from the spot and was in fact named in the second disclosure statement of one Gurjit Singh, who himself had been second disclosure statement of one Gurjit Singh, who himself had been second disclosure statement of one Gurjit Singh, who himself had been second disclosure statement of one Gurjit Singh, who himself had been named by one of the co-accused, who named by one of the co had been arrested from the spot. accused, who had been arrested from the spot. Learned counsel submits that from the spot, only Gurdev Singh and Learned counsel submits that from the spot, only Gurdev Singh and Learned counsel submits that from the spot, only Gurdev Singh and Learned counsel submits that from the spot, only Gurdev Singh and Kuldeep Singh had been arrested. Learned counsel further submits that Kuldeep Singh had been arrested. Learned counsel further submits that Kuldeep Singh had been arrested. Learned counsel further submits that Kuldeep Singh had been arrested. Learned counsel further submits that there are no previous criminal antecedents of the petitioner and that in there are no previous criminal antecedents of the petitioner and that in there are no previous criminal antecedents of the petitioner and that in there are no previous criminal antecedents of the petitioner and that in stered against the petitioner after the registration of the one case registered against the petitioner after the registration of the stered against the petitioner after the registration of the one case regi present FIR, he has already been granted anticipatory bail. He further present FIR, he has already been granted anticipatory bail. He further present FIR, he has already been granted anticipatory bail. He further present FIR, he has already been granted anticipatory bail. He further submits that the petitioner is willing to join investigation and abide by submits that the petitioner is willing to join investigation and abide by submits that the petitioner is willing to join investigation and abide by submits that the petitioner is willing to join investigation and abide by TRIPTI SAINI 2025.07.18 11:06 I attest to the accuracy and integrity of this document any condition imposed by this Court. any condition imposed by this Court. any condition imposed by this Court. CRM-M-65600- -2024 (O&M) -2- Notice of motion. Mr. Brijesh, AAG, Punjab accepts notice on behalf of the Mr. Brijesh, AAG, Punjab accepts notice on behalf of the Mr. Brijesh, AAG, Punjab accepts notice on behalf of the respondent-State. respondent List on 06.02.2025. In the meantime, the petitioner is directed to join investigation. In In the meantime, the petitioner is directed to join investigation. In In the meantime, the petitioner is directed to join investigation. In the event of arrest, he shall be released on interim bail to the satisfaction the event of arrest, he shall be released on interim bail to the satisfaction the event of arrest, he shall be released on interim bail to the satisfaction the event of arrest, he shall be released on interim bail to the satisfaction e Arresting/Investigating Officer, subject to compliance of the of the Arresting/Investigating Officer, subject to compliance of the e Arresting/Investigating Officer, subject to compliance of the of th provisions of Section 438 (2) Cr.P.C. provisions of Section 438 (2) Cr.P.C.” 3. Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner submits that in compliance of the the petitioner has duly joined investigation. aforesaid order dated 31.12.2024 the petitioner has duly joined investigation. aforesaid order dated 4. Learned counsel representing the State of Punjab, on instructions from Learned counsel representing the State of Punjab, on instructions from Learned counsel representing the State of Punjab, on instructions from Learned counsel representing the State of Punjab, on instructions from SI Sardool Singh, who is present in the Court, submits that in compliance of the order l Singh, who is present in the Court, submits that in compliance of the order who is present in the Court, submits that in compliance of the order dated 31.12.2024, the petitioner has duly joined investigation and his custodial dated 31.12.2024, the petitioner has duly joined investigation and his custodial dated 31.12.2024, the petitioner has duly joined investigation and his custodial dated 31.12.2024, the petitioner has duly joined investigation and his custodial is not required. interrogation is not required. 5. In view of the fact that petitioner has duly joined investigation and In view of the fact that petitioner has duly joined investigation and In view of the fact that petitioner has duly joined investigation and In view of the fact that petitioner has duly joined investigation and keeping in view the statement given by learned counsel representing the State of keeping in view the statement given by learned counsel representing the State of keeping in view the statement given by learned counsel representing the State of keeping in view the statement given by learned counsel representing the State of Haryana, the present petition is allowed. The order dated 31.12.2024 passed by this Haryana, the present petition is allowed. The order dated 31.12.2024 passed by thi Haryana, the present petition is allowed. The order dated 31.12.2024 passed by thi Haryana, the present petition is allowed. The order dated 31.12.2024 passed by thi Court is made absolute, subject to compliance of the provisions as envisaged under Court is made absolute, subject to compliance of the provisions as envisaged under Court is made absolute, subject to compliance of the provisions as envisaged under Court is made absolute, subject to compliance of the provisions as envisaged under Section 438(2) Cr.P.C Section 438(2) Cr.P.C July 17, 2025 tripti (VIKRAM AGGARWAL) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.07.18 11:06 I attest to the accuracy and integrity of this document