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High Court of Punjab and HaryanaCRM-M/18571/2017allowed

Malkiat Singh v. State Of Punjab

2017-12-08Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-18571-2017(2 petitions) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-18571 of 2017 (O&M) Date of Decision: December 08, 2017 Malkiat Singh ......PETITIONER(s).

VERSUS

The State of Punjab ....RESPONDENT(s).

(2) Crl. Misc. No.M-17712 of 2017 (O&M) Rahul Kalra and another ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. B.S. Sidhu, Advocate for the petitioner in CRM-M-18571-2017.

Mr. Suresh Pal, Advocate for petitioners in CRM-M-17712-2017.

Mr. C.L. Pawar, Sr. D.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Both the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.37 dated 16.04.2015 registered for the offences punishable under Sections 409, 201 read with Section 120-B of Indian Penal Code, at Police Station Sadar Sri Muktsar Sahib. Sachin Mehta 2017.12.11 09:53 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-18571-2017(2 petitions) -2Heard.

Learned State counsel on instructions from ASI Pritam Singh submits that petitioners have joined the investigation, which is still in progress but their custodial interrogation is not required for the purpose of further investigation.

In view of submission of learned State counsel but without expressing any opinion on the merits of the case, both these petitions are allowed. Order dated 23.05.2017 passed in CRM-M-18571-2017 and order dated 18.05.2017 passed in CRM-M-17712-2017 are made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court;

(iv) that the petitioners will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) December 08, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.12.11 09:53 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH