High Court of Punjab and HaryanaCRM-M/3853/2024allowed

Ramesh Kumar v. State Of Punjab

2024-02-08Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:017786 CRM-M-3853-2024 Date of decision: February 08, 2024 RAMESH KUMAR .....Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ravi Sharma, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. Mr. Harpreet Singh Multani, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) The instant petiton has been filed by the petitioner under Section 438 Cr.P.C. seeking the grant of anticipatory bail in case FIR No.147 dated 30.12.2023 for the offences under Section 406, 420, 120-B of the Indian Penal Code, 1860, registered at Police Station Mullanpur, District SAS Nagar. While issuing notice of motion on 24.01.2024, the following contentions of the learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner submits that except for his presence being shown at the time when the sale consideration was paid to the co-accused, no other role had been attributed to him; not even a single penny had been either received by him or deposited in his bank account."

Vide order dated 30.01.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation. SONIA BURA 2024.02.09 10:28 I attest to the accuracy and integrity of this document

CRM-M-3853-2024 -2Learned counsel for the petitioner submits that in compliance of order dated 30.01.2024, the petitioner has joined investigation and cooperated with the investigating agency.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation, much less for his custodial interrogation. In view of the above, the petition is allowed and interim order dated 30.01.2024 is made absolute, subject to the conditions laid down in Section 438(2) Cr.P.C.

February 08, 2024 (MANJARI NEHRU KAUL) Jaspreet Kaur/sonia JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2024.02.09 10:28 I attest to the accuracy and integrity of this document