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High Court of Punjab and HaryanaCRM-M/10331/2019disposed of

Kuldeep Singh v. State Of Punjab

2020-01-08Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.10331 of 2019 (O&M) Date of Decision:- 08.01.2020 Kuldeep Singh

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Navkiran Singh, Advocate for the petitioner.

Mr. Jagmohan Singh Ghuman, DAG, Punjab.

Mr. P.B.S. Goraya, Advocate, for the complainant.

***** RAJ MOHAN SINGH, J .(Oral) The petitioner seeks grant of anticipatory bail in case bearing FIR No.130 dated 16.07.2017 registered under Sections 302, 201, 120-B and 34 of Indian Penal Code at Police Station Sadar Tarn Taran, District Tarn Taran.

Notice of motion was issued on 18.03.2019 on the premise that the case was registered in respect of missing of a

-2boy after a delay of more than two and a half years from the date on which the boy went missing. In the enquiry conducted by the police, the petitioner was found innocent and a cancellation report was prepared but the same was not placed before the competent Court.

Thereafter, vide order dated 26.03.2019, the interim bail was granted in favour of the petitioner and he was directed to comply with the conditions as envisaged under Section 438 (2) of the Code of Criminal Procedure.

Thereafter, the present case remained pending in the context of the enquiry conducted by DSP in which petitioner was declared innocent and the enquiry conducted by SP, implicating the petitioner. Additional Director of Police (Crime) was directed to personally look into the matter and file affidavit in this regard. Affidavit has been filed showing that censure has been issued against the DSP.

At this stage, evidentiary value of both the reports would be subject to ultimate analysis by the Court to be done at an appropriate stage, in accordance with law. In view of the facts and circumstances of the case, it would be just and appropriate to confirm the order dated 26.03.2019. However, petitioner shall keep on joining the

-3investigation as and when called upon to do so by the Investigating Officer and he shall also abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

08.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No