The court affirmed that custodial interrogation is not a valid reason to deny bail if petitioners have cooperated with the investigation.

JUDGMENT :

Deepak Gupta, J.(Oral) -

On 18.09.2024, following order was passed by this Court in respect of both the petitioners:

"These petition(s) are filed under Section 438 of Cr.P.C for grant of anticipatory bail in FIR No. 23 dated 22.05.2024 under Sections 341, 323, 148, 149 IPC and Sections 25, 27 of Arms Act ( Section 307 IPC added later on vide DDR No. 22 dated 06.06.2024) registered at Police Station Nandgarh, District Bathinda.

Learned counsel for the petitioner(s) inter-alia submits that as per allegations petitioner Sukhwant Singh Dhillon @ Sandeep Singh armed with Dang and was part of the unlawful assembly but no specific injury has been attributed to the petitioner. As per allegation, petitioner- Harjot Singh was sitting in his vento car at the time of occurrence. He has further submitted that co-accused Vija Singh @ Vijay Singh has already been granted interim bail by this Court.

Notice of motion.

Ms. Manjot Kaur, AAG, Punjab appears and accepts notice on behalf of the respondent-State. She submits that no specific injury has been attributed to the petitioner and they were part of unlawful assembly.

From the perusal of the file, it transpires that anticipatory bail for Tajinder Singh, co-accused was earlier dismissed.

On asking, learned State counsel submits that police file is produced by ASI Gurdeep Singh(1474). On asking, ASI-Gurdeep Singh submits that raids were conducted to arrest the co-accused Tajinder Singh and others but on perusal of police file it has been found that last zimni recorded in the file is of dated 24.08.2024. He further submits that he is not Investigating Officer but Investigating Officer is ASI Jaswinder Singh(829), Police Station Nandgarh, Bathinda. The police file shows that police is sleeping over the matter in the case under Section 307 of IPC and even after has not been able to record zimni or take any action and to conduct any action to arrest the co-accused, Tajinder.

If raids are being conducted without recording any zimni then either submission is wrong or police officers are not taking care of law and are working by adopting their own procedure which is not permissible. In democracy everyone is supposed to obey law and only law. On asking learned State counsel submits that some senior police officers can be connected through video conference.

Senior Superintendent of Police, Bathinda is present virtually. She submits that she has joined recently and she would take care that all the investigations are done in accordance with law and rules promptly and without delay. She assures that all the investigating officer would be apprised that all zimnis be recorded correctly in time and investigation be conducted in accordance with the law and such a lapse shall be taken care of in future.

In view of the above circumstances it is expected that SSP Bathinda personally look into the investigation of this case and send the action taken report on or before the next date of hearing i.e. 06.10.2024.

In the meantime, the petitioners are directed to join the investigation as and when called by SHO/Investigating Officer and in the event of their arrest, they shall be released on interim bail on their furnishing bail bonds and surety bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 482 (2) Cr.P.C.:-

Adjourned to 06.10.2024.

Status report be filed on or before the next date of hearing with an advance copy to the counsel opposite.

A photocopy of this order be placed on the file of other connected case."

2. Today action taken report by way of an affidavit of Shri Amneet Kondal, IPS, Senior Superintendent of Police, Bathinda has been filed on behalf of respondent- State.

3. Learned State counsel, on instructions from Ms.