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High Court of Punjab and HaryanaCRM-M/10668/2020allowed

Kala Singh v. State Of Punjab

2021-09-07Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.10668 of 2020 Date of Decision:07.09.2021 KALA SINGH ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr.Suresh Singla, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through videoconferencing. Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.11 dated 22.01.2020 registered under Section 61 of the Punjab Excise Act, at Police Station Maur, District Bathinda.

On 02.03.2021, following order was passed:- "   

  

  

                                          

 

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         The alleged recovery is of 50 liters of Lahan from the house of the petitioner. FIR was lodged on the basis of secret information. Compliance of Section 100(4) Cr.P.C would be debatable.

Learned counsel for the petitioner submits that the petitioner was not present at the spot and he has no antecedent behaviour of criminal activity. Nothing is to be recovered from the petitioner.

Learned counsel for the petitioner further submits that in compliance of the order dated 02.03.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from HC Ram Singh admits the aforesaid fact and submits that the petitioner has joined the investigation on 08.03.2021 and his presence is no more required for further investigation in the case. Challan has already been submitted.

In view of aforesaid factual position, the interim order dated 02.03.2021 is made absolute. However, petitioner shall

keep on appearing before the trial Court regularly. Petition stands disposed of.

(RAJ MOHAN SINGH) 07.09.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No