High Court of Punjab and HaryanaCRM-M/23188/2018allowed

Manpreet Singh Walia v. State Of Punjab

2018-09-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.23188 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.23188 of 2018 Decided on: 20.09.2018 Manpreet Singh Walia ....Petitioner

Versus

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

Mr. H.S. Randhawa, Advocate for the petitioner. Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.158 dated 31.07.2017, registered under Sections 324, 341, 307, 506 read with Section 34 of the Indian Penal Code (in short 'IPC') at Police Station Civil Lines, Patiala, District Patiala. The operative part of the order dated 04.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....It is contended that similarly situated coaccused has been afforded ad interim relief by this Court on 21.05.2018 in CRM-M-21590 of 2018 (Annexure P-8). The only difference is that the petitioner had earlier filed an application for anticipatory bail, which was dismissed as withdrawn on 11.09.2017. However, thereafter, the petitioner has been admitted to bail by the learned trial Court and he was facing proceedings under Sections 324, 341, 506, 34 IPC. The apprehension of the petitioner is that he may be proceeded against under Section 307 IPC as challan has now been filed against co-accused Tarunvir Sharma under Section 307 IPC, as well.

MOHD YAKUB 2018.09.20 16:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.23188 of 2018 Notice of motion for 20.09.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 04.06.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. It is further submitted that the Additional Sessions Judge, has also framed charges and the petitioner is facing the trial. It is also submitted that the petitioner has also been granted interim bail by the Additional Sessions Judge vide order dated 10.09.2018.

Counsel for the State, on instructions from ASI Mewa Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 04.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.20 16:58 I attest to the accuracy and authenticity of this document High Court, Chandigarh