Narinder Kapoor v. The State Of Punjab And ANR

CRM-M-26278-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-26278-2015 (O&M).

Decided on: December 14, 2015.

Narinder Kapoor ..... Petitioner(s)

Versus

State of Punjab and another ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.R.S.Rai, Sr. Advocate, with Mr.Gautum Dutt, Advocate, for the petitioner.

Mr.Gurinder Pal Singh, DAG. Punjab.

Dr.A.R.Sidhu, Sr. Advocate, with Mr.Sudhir Sharma, Advocate, for respondent No.2.

M.M.S. BEDI, J.

The petitioner seeks concession of pre-arrest bail, having been summoned as accused in a private complaint filed by Ram Kumar @ Ram Raj, respondent No.2, alleging that Vipan Jindal was murdered by the petitioner by administering poisonous tablets/substance to him.

The petition for bail has been opposed by Mr.A.R.Sidhu, learned senior Advocate, appearing on behalf of the complainant contending that the petitioner has been able to manage with the Investigating Agency and to secure cancellation order but the culpability of the petitioner cannot be diluted for the purpose of

CRM-M-26278-2015 (O&M) grant of pre-arrest bail by saying that the anticipatory bail arises out of a private complaint.

Pursuant to the interim order passed by this Court, the petitioner has already put in appearance before the summoning Court. It does not appear to be a case of custodial interrogation as the FIR was registered against the petitioner pertaining to the incident of the year 2000. The petitioner was found innocent in investigation conducted by Shri Mann Singh, AIG (Crime). The cancellation report had been approved by the higher Courts. Without expression of any opinion on merits of the case and without prejudice to the rights of the complainant to seek conviction on the basis of the material produced during trial, the petition is allowed. It is ordered that the petitioner will remain on bail against the bail bonds already furnished in pursuance to the order dated 21.8.2015, passed by this Court subject to the conditions that the petitioner will not absent himself without any sufficient cause and will not, in any manner, hamper the evidence. He will also not browbeat the complainant or his witnesses in any manner. (M.M.S. BEDI) December 14, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.12.15 16:39 I attest to the accuracy and integrity of this document