High Court of Punjab and HaryanaCRM-M/11119/2022allowed

Sarabjit Singh v. State Of Punjab

2022-05-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-11119-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11119-2022 (O&M) Date of decision: 24.05.2022 Sarabjit Singh ... Petitioner Vs.

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

Present:

Mr. Deepak Arora, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.19 dated 05.02.2022 under Sections 177, 420, 465, 467, 468, 471, 120-B IPC and Section 125-A of the Representation of People, 1951 and 1988 Act, registered at Police Station Dinanagar, District Gurdaspur. While granting interim bail to the petitioner, following order was passed by this Court on 30.03.2022: - "...Counsel for the petitioner has argued that as per the allegations in the FIR, the petitioner has contested the election of MLA from Dinanagar constituency, which was reserved for S.C. category by producing a fake S.C. category certificate. It is further VISHNU 2022.05.24 16:54 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.

CRM-M-11119-2022 -2submitted that the entire family of the petitioner has been granted the S.C. certificate by the competent authority in the year 2020 and he has also relied upon the report (Annexure P6) submitted by the Village Chowkidar. Lastly, it is argued that the petitioner, who belongs to Majhabi Sikh is declared to be a S.C. category as per the Notification of the State of Punjab..."

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.

Learned State counsel, on instructions from ASI Yousaf Masih, has not disputed the factual position and states that the petitioner is no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 30.03.2022 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 24.05.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHNU 2022.05.24 16:54 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.