Kashmir Singh v. State Of Punjab

CRM-M-23841-2017 and CRM-M-29286-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

1. Crl. Misc. No.M-23841 of 2017(O&M) Date of Decision: September 28, 2017 Kashmir Singh ......PETITIONER(s).

VERSUS

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

2. Crl. Misc. No.M-29286 of 2017O&M) Makhan Singh ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arunjeet Singh Kakkar, Advocate for the petitioner in CRM-M-23841-2017.

Ms. Amrinder Kaur, Advocate for the petitioner in CRM-M-29286-2017.

Mr. Luvinder Sofat, A.A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Both the petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No. 69 dated 18.06.2017 registered for the offences punishable under Sections 420, 473 of Indian Penal Code and 61 of Punjab Excise Act, 1914 at Police Station City Rampura, District Bathinda. Heard.

Jyoti 2017.10.03 14:19 I attest to the accuracy and authenticity of this document

CRM-M-23841-2017 and CRM-M-29286-2017 -2Learned State counsel on instructions from ASI Sukhpal Singh submits that both the petitioners have not been named in the FIR. After their names cropped up during investigation, they have joined the investigation which is still in progress but their custodial interrogation is not required for the purpose of further investigation.

Keeping in view the above but without expressing any opinion on the merits of the case, both these petitions are allowed and the order dated 10.07.2017 passed in CRM-M-23841-2017 and order dated 10.08.2017 passed in CRM-M-29286-2017 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 ) September 28, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.10.03 14:19 I attest to the accuracy and authenticity of this document