Chamkaur Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-7.9.2021 Chamkaur Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vishal Goel, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Davinder Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.171 dated 1.9.2019 at Police Station Sadar Patiala, District Patiala under Sections 61/1/14 of Punjab Excise Act, 1914.

2.

At the time of issuance of notice of motion on 19.3.2020, the following order was passed:

"The petitioner has filed the present petition for grant of anticipatory bail to the petitioner in case FIR No.171 dated 01.09.2019 registered under Sections 61 of the Punjab Excise Act, 1914 at Police Station Sadar Patiala, District Patiala. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. Recovery of

( 2 ) 540 bottles of liquor has been falsely shown from the car owned by the petitioner. The FIR was lodged against some unknown person and subsequently the petitioner has been falsely implicated. At the relevant time the petitioner was admitted in PGI Chandigarh for his treatment and the question of commission of the offence by the petitioner did not arise. The petitioner is ready to join the investigation and his custodial interrogation is not required in the case for effecting any recovery.

Notice of motion.

On the asking of the Court, Mr. Sandeep Singh Deol, D.A.G., Punjab accepts notice on behalf of the respondent-State. Copy of the paper book has been supplied to the learned State counsel, who seeks time to complete his instructions. Adjourned to 02.07.2020.

In the meanwhile, the petitioner is directed to join the investigation within 15 days from the date of this order. In the event of his arrest, the petitioner shall be released on interim bail by the arresting officer/investigating officer on his furnishing of bail bonds to the satisfaction of the arresting officer/investigating officer. The petitioner shall comply with the conditions enumerated under Section 438(2) of the Cr.P.C. failing which he shall not be entitled to the benefit of protection of interim bail allowed to him.

3.

Learned State counsel, upon instructions from ASI Davinder Singh, has informed that pursuant to interim directions, the petitioner has since joined investigation and that he is not wanted in any other case. 4.

Having regard to the aforestated position especially that the petitioner was never arrested at the spot and has joined investigation and is stated to have a clean record, the petition is accepted and the interim directions issued by this

( 3 ) Court vide order dated 19.3.2020 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 7.9.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No