High Court of Punjab and HaryanaCRM-M/11729/2016allowed

Avtar Singh v. State Of Punjab

2016-08-11Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-11729 of 2016 .....

Date of decision:11.8.2016 Avtar Singh .....Petitioner v.

State of Punjab .....Respondent ....

Present:

Mr. Jitender Singh Dadwal, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.46 dated 5.3.2016 registered for the offences under Sections 420, 295-A and 120-B IPC at Police Station Navi Baradari, District Jalandhar.

Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner and learned Assistant Advocate General, Punjab appearing for the respondent-State and have gone through the record.

As per the allegations in the FIR, the petitioner had transported two tankers loaded with cow tallow and the same were got released from the Harpal Singh Parmar 2016.08.12 12:53 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-11729 of 2016 [2] Sales Tax Department on the basis of forged and false documents. The petitioner has already joined the investigation. He is no more required for custodial interrogation. Nothing is to be recovered from him. The petitioner has been on interim bail since 5.4.2016 and he has not misused the concession of bail. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 5.4.2016 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. August 11, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.08.12 12:53 I attest to the accuracy and authenticity of this document Chandigarh