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High Court of Punjab and HaryanaCRM-M/1894/2019allowed

Nishan Singh v. State Of Punjab

2019-04-22Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.1894 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.1894 of 2019 (O&M) Decided on: 22.04.2019 Nishan Singh ....Petitioner

Versus

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

Mr. B.S. Jatana, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.218 dated 19.11.2018, registered under Section 61 of the Punjab Excise Act, 1914 at Police Station Sardulgarh, District Mansa. The operative part of the order dated 17.01.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per the allegations in the FIR, on receiving a secret information, the police conducted a raid and recovered 60 bottles of country-made liquor meant for sale in Haryana, from house of the petitioner. It is further submitted that the petitioner is not involved in any other case under Excise Act and is ready to join the investigation, as recovery has already been effected.

Notice of motion for 22.04.2019...."

Counsel for the petitioner has submitted that, in pursuance MOHD YAKUB 2019.04.22 16:25 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.1894 of 2019 (O&M) to the order dated 17.01.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from HC Harjinder Singh, has not disputed the aforesaid fact and submits that the petitioner 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 17.01.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 22.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.04.22 16:25 I attest to the accuracy and authenticity of this document High Court, Chandigarh