Ved Parkash And ORS v. State Of Punjab

Sr. No.205

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13218 OF 2020 (O&M) DATE OF DECISION : 16.06.2020 Ved Prakash and others

...Petitioners

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Raman Mohinder,Advocate, for the petitioners.

Mr. Luvinder Sofat, AAG, Punjab.

(Presence marked through video conference) *** ARUN MONGA, J. (ORAL) The petitioners are seeking anticipatory bail in case FIR No.35 dated 25.03.2020 under Sections 353/186/188/148/149/427 IPC (Section 269 IPC added later on), registered at Police Station Bahav Wala, District Fazilka. 2.

As per allegations contained in the FIR, petitioners along with others misbehaved with the police officials who were on patrolling duty and pelted stones and bricks on them.

3.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. Even as per the reply/affidavit filed by the State, none of the offences alleged in the FIR in question are nonbailable and therefore, on that ground alone the petitioners are entitled to concession of anticipatory bail, argues the learned counsel. SONU 2020.06.16 18:31 I attest to the accuracy and integrity of this document

4.

On a query posed by this Court, learned State counsel does not controvert the stand taken by State in its reply that offences mentioned in the FIR are bailable.

5.

In the premise, without commenting on the merits of the case, the instant petition is allowed. The petitioners, in the event of their arrest, are ordered to be released on bail on their furnishing bail bonds and surety bonds of local and sound surety, to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, concerned, subject to their complying with the provisions contained in Section 438(2) Cr.P.C. On their doing so, they shall join the investigation and shall appear before the Investigating Officer, as and when called to do so and would cooperate in the investigation, failing which the State is at liberty to approach this Court seeking cancellation of protection granted to the petitioners.

June 16, 2020 (ARUN MONGA) Shalini JUDGE

1. Whether speaking/reasoned : Yes/No

2. Whether reportable :

Yes/No SONU 2020.06.16 18:31 I attest to the accuracy and integrity of this document