High Court of Punjab and HaryanaCRM-M/17785/2016allowed

Gammi v. State Of Punjab

2016-06-02Mr. Justice Krishna Murari2 pages

TAPINDER SINGH MANN 2016.06.02 19:07 Cr. Misc. M 17785 of 2016 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 17785 of 2016 Date of decision: 2.6.2016 Gammi Petitioner vs.

State of Punjab Respondent

Present:

Mr. Liaqat Ali, Advocate Ms. HK Athwal, DAG, Punjab M.M.S.BEDI,J.

The petitioner apprehends arrest in a case registered at the instance of SI Devinder Pal Singh, on the basis of a secret information that one boy Liakat Ali has been kidnapped, as per FIR already registered at P.S. Dehlon District Ludhiana. On receipt of information, naka was laid. As per story of the prosecution one Indica car driven by the petitioner along with four persons was intercepted but the petitioner instead of stopping, accelerated the car and made an attempt to run over the police officials besides hitting the Govt. vehicle.

Pursuant to the interim order, the petitioner has joined the investigation.

Counsel for the petitioner has brought to the notice of the court that one Suma, brother of Liakat Ali filed Cr.W.P. No. 243 of 2016, directing the petitioner and others to release Liakat Ali, who was in illegal custody of respondents 4 to 6, mentioned in the said petition. The said petition is pending for 10.8.2016.

Counsel for the petitioner has inter alia argued that the petitioner is relative of Liakat Ali and has been involved in the case on the

Cr. Misc. M 17785 of 2016 basis of misguided suspicion. Recoveries have already been effected. Whether the petitioner escaped from the spot appears to be a debatable issue in view of photograph Annexure P-1 appended with the present petition indicating the petitioner having fallen and surrounded by the police officials.

In view of the said circumstances, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. In case of violation of any of the above said conditions, it will be open to the prosecution agency to seek cancellation of bail.

June 2 ,2016 ( M.M.S.BEDI ) TSM JUDGE