High Court of Punjab and HaryanaCRM-M/26802/2018allowed

Ramesh Rajivbhai Naria v. State Of Punjab

2019-10-29Mr. Justice Manoj Bajaj2 pages

CRM-M-26802-2018 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26802-2018 (O & M) Date of Decision:29.10.2019 Ramesh Rajivbhai Naria

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Aayush Gupta, Advocate for the petitioner.

Mr. Kirat Singh Sidhu, DAG, Punjab.

Mr. Pankaj Kundra, Advocate for Mr. Deepak Sabherwal, Advocate for the complainant.

*** MANOJ BAJAJ, J.

This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.371 dated 01.11.2017 under Sections 406, 420 and 120-B IPC, 1860, registered at Police Station Zirakpur, District SAS Nagar, Punjab. The petitioner apprehended his arrest at the hands of Police. Learned counsel for the petitioner contends that in deference to the previous order dated 23.05.2019, the voice samples have been given. He has invited the attention of the Court to the order dated 28.06.2018 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- Sheetal Gawri 2019.11.01 12:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-26802-2018 (O & M) -2- "Notice of motion for 26.07.2018.

Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab accepts notice on behalf of the State.

Counsel for the petitioner is directed to provide a photocopy of the paper book to the learned State counsel during the course of the day.

In the event of arrest, the Investigating Officer shall release the petitioner on interim bail subject to furnishing of bail bonds to his satisfaction. The petitioner is directed the join the investigation on 05.07.2018 at 10.00 AM ."

Learned State counsel on instructions from ASI Baljinder Singh does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 28.06.2018 is made absolute. 29.10.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.11.01 12:59 I attest to the accuracy and integrity of this document Chandigarh