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High Court of Punjab and HaryanaCRM-M/22544/2017allowed

Shivani And Another v. State Of Punjab

2017-08-23Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-22544-2017 and CRM-M-22545-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

1.

Crl. Misc. No.M-22544 of 2017 (O&M) Date of Decision: August 23, 2017 Shivani and another ......PETITIONER(s).

VERSUS

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

2. Crl. Misc. No.M-22545 of 2017 (O&M) Rajinder Kumar ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Gaurav Pathania, Advocate for the petitioner in both the petitions.

Ms. Rajni Gupta, Senior D.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Both the above mentioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No. 63 dated 21.05.2017 registered for the offences punishable under Sections 419, 420, 467, 468, 471 of Indian Penal Code (for short IPC) and Section 120-B IPC (added subsequently vide DDR NO. 21 dated 04.06.2017), at Police Station Sujanpur, District Pathankot. Heard.

Jyoti 2017.08.24 15:53 I attest to the accuracy and authenticity of this document

CRM-M-22544-2017 and CRM-M-22545-2017 -2Learned State counsel on instructions from ASI Rakesh Kumar 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, these petitions are allowed and the order dated 22.06.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselvses 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.

( SURINDER GUPTA ) August 23, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.08.24 15:53 I attest to the accuracy and authenticity of this document