High Court of Punjab and HaryanaCRM-M/26093/2018allowed

Bharpur Dass @ Bhura Dass v. State Of Punjab

2018-12-10Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.26093 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.26093 of 2018 Decided on: 10.12.2018 Bharpur Dass @ Bhura Dass Chela Mahant Labh Dass ....Petitioner

Versus

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

Mr. B.S. Sidhu, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

Mr. S.S. Sidhu, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.40 dated 06.04.2018, registered under Sections 454 and 380 of the Indian Penal Code (in short 'IPC') at Police Station Dayalpura (Dialpura), District Bathinda.

The operative part of the order dated 15.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner submits that the petitioner is a 'Mahant' aged about 65 years and as per the allegations he stayed in the 'dera' of the complainant on 16.03.2018 and after spending a night, he had left the 'dera' and the complainant checked his Almirah in presence of one Mahant Triveni Dass and found that Rs.25000/- and some ornaments were stolen.

MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.26093 of 2018 Counsel for the petitioner further submits that in fact the petitioner is having a dispute with the above said witness Mahant Triveni Dass who had even earlier filed a petition i.e. CRM No.M-5000 of 2017 regarding a dispute of the Managing Committee and the said petition was dismissed as withdrawn on 14.03.2018.

Notice of motion for 26.09.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 15.06.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from HC Jaswinder 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 15.06.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 10.12.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh