High Court of Punjab and HaryanaCRM-M/927/2019allowed

Mahinga Singh v. State Of Punjab

2019-04-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.927 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.927 of 2019 Decided on: 24.04.2019 Mahinga Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

None for the petitioner.

ASI Jagbir Singh.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.080 dated 06.12.2018, registered under Sections 306 and 34 IPC at Police Station Sadar Budlada, District Mansa. The operative part of the order dated 11.01.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner, inter alia, contends that as per allegations in the FIR registered by brother of deceased Surjeet Singh, in the month of July, 2018, he had gone to Chandigarh along with the petitioner and other accused persons for executing some work and after 20 days, they returned back. It is further stated in the FIR that on a day prior to the day of incident, the deceased came to the complainant and informed that the accused persons have committed unnatural act with him and he is feeling depressed on that account. It is also stated in the FIR that the complainant consoled the MOHD YAKUB 2019.04.24 14:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.927 of 2019 deceased that he will hold a panchayat in this regard and on the same night, the deceased committed suicide by jumping in the pond. Learned counsel further submits that there is no allegation from July, 2018 to December, 2018 that the petitioner or any other accused have committed any unnatural act with the deceased. It is further submitted that the deceased was having no child and in fact, there was a dispute between him and his wife regarding adoption of the child, as the deceased had adopted his nephew, whereas his wife Pal Kaur insisted to adopt her nephew.

Notice of motion for 24.04.2019...."

ASI Jagbir Singh, who is present in the Court, submits that the petitioner, in pursuance to the order dated 11.01.2019, has joined the investigation and he is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 11.01.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 24.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.24 14:44 I attest to the accuracy and authenticity of this document High Court, Chandigarh