Chanan Singh v. State Of Punjab
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Present petition has been filed by the petitioner namely Chanan Singh aged about 50 years, seeking issuance of a direction to the Arresting officer to release the petitioner on bail in the event of his arrest, in case bearing FIR No.147, dated 01.10.2023, under Section(s) 21(1) and 4 (1) of Mines and Minerals (Regulation of Development) Act, 1957, registered at Police Station Nangal, District Rupnagar.
2.
Counsel for the petitioner inter alia contends that petitioner is being involved by the prosecution in number of cases, details of which are mentioned in paragraph No.4 of the petition.
3.
In one of the case i.e. FIR No.159, dated 10.07.2023, under Sections 21(1) and 4(1) of the Mines and Minerals Act, 1957, registered at Police Station Nangal, the petitioner has already been granted the concession of interim anticipatory bail, which subsequently was confirmed by the Court. There is no direct evidence with the prosecution, saying that the particular sand/minerals has been lifted by the petitioner, except of the statement of one witness namely Jatinder Pal. 4.
Further submits that custodial interrogation is not going to serve any fruitful purpose.
5.
Notice of motion.
6.
On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State, and submits that custodial interrogation is required because the petitioner is involved in illegal mining and recovery of sand/minerals is to be effected. Apart him, his brother is also involved in the cases of theft of the minerals. And now, the offence under Section 379 I.P.C. has also been added. However, he seeks some time to file status report in the matter. 7.
List again on 27.02.2025, to file status report in the matter.
8.
In the meantime, on deposit of an amount of Rs. 1,00,000/< (Rupees One lacs only) with the Gram Panchayat (as learned State counsel informs that the land belongs to Gram Panchayat), in the event of arrest of the petitioner, he would be released on interim bail, subject to the subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of the BNSS, 2023. The petitioner is also directed to join the investigation as and when required to do so by the Investigating Agency. 9.
Besides, petitioner would submit/surrender his passport before the Arresting Officer and an undertaking on oath that in case of leaving the country, he would seek prior permission from the Investigating Agency/concerned Court. 10.
It is also clarified that learned State counsel would find out what the loss has been suffered by the Mines and Minerals Department."
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