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High Court of Punjab and HaryanaCRM-M/2379/2021allowed

Malkeet Singh v. State Of Punjab

2021-12-15Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2379-2021 (O&M) Date of Decision:-15.12.2021 Malkeet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. R.V.S. Chugh, Advocate for the petitioner. Mr. Harbir Sandhu, AAG, Punjab, assisted by ASI Gurtaj Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.0189 dated 23.8.2020 at Police Station Maur, District Bathinda under Sections 61 and 78 of Punjab Excise Act, 1914.

2.

At the time of issuance of notice of motion on 18.1.2021, the following order was passed:

"Learned counsel for the petitioner contends that it is a case where the police alleges that pursuant to receipt of secret information a raid was conducted at the house of the petitioner and 'lahan' measuring 30 liters was recovered. Learned counsel for the petitioner submits that the petitioner was never arrested at the spot PANKAJ KAKKAR 2021.12.15 17:55 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-2379-2021 (O&M) and infact the house does not belongs to the petitioner but to his father.

Notice of motion for 6.5.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the 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."

3.

Learned State counsel, upon instructions, has submitted that the petitioner pursuant to interim directions, has already joined investigation and is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case. 4.

Having regard to the aforesaid 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 18.1.2021 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. 15.12.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.12.15 17:55 I attest to the accuracy and integrity of this document