High Court of Punjab and HaryanaCRM-M/7628/2021allowed

Mohinder Singh And Another v. State Of Punjab

2021-11-09Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7628-2021 Date of Decision:-9.11.2021 MOHINDER SINGH AND ANOTHER ... Petitioners

Versus

STATE OF PUNJAB ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Rishabh Gupta, Advocate for the petitioners.

Mr. Tanvir Joshi, AAG, Punjab.

***** KARAMJIT SINGH , J. (Oral) The present petition has been filed by both the petitioners under Section 438 Cr.P.C. for grant of anticipatory bail in case having FIR No.187 dated 28.11.2020 registered under Sections 420, 120-B, 34 IPC and Section 13 of Punjab Travel Professionals (Regulations) Act, 2014 at Police Station Bullowal, District Hoshiarpur.

On the last date of hearing i.e. 27.8.2021, interim anticipatory bail was granted to both the petitioners and they were directed to join investigation.

GAURAV SOROT 2021.11.09 13:57 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-7628-2021 Counsel for the petitioners submits that in compliance of aforesaid order, both the petitioners have joined investigation with the Investigating Officer. This fact has not been refuted by the State counsel, rather the State counsel, on instructions from ASI Kulwinder Singh stated that the petitioners have joined investigation in the light of order dated 27.8.2021 and they are not required by the police for any further investigation.

The only allegations appearing against the petitioners in the FIR is that complainant-Sucha Singh handed over an amount of `15 lakh to coaccused Mangi Kaur in presence of both the petitioners. It being so, nothing remains to be recovered from the petitioners. So, no purpose will be served even if at this stage the petitioners are subjected to police custody. In view of the above, without commenting on the merits of the case, the present petition moved under Section 438 Cr.P.C. is hereby allowed and the order of interim anticipatory bail dated 27.8.2021 is hereby made absolute subject to conditions envisaged under Section 438(2) Cr.P.C. ( KARAMJIT SINGH) 9.11.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2021.11.09 13:57 I attest to the accuracy and integrity of this document