Abhishek Sharma v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 01.09.2020 Abhishek Sharma ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. P.S. Sekhon, Advocate, for the petitioner. Mr. Hittan Nehra, Addl.A.G, Punjab **** RITU BAHRI , J. (Oral) This petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.184 dated 21.05.2020, registered at Police Station City Sangrur, District Sangrur, who had been booked for having committed the offence punishable under Section 61 of the Punjab Excise Act, 1914.

On 05.06.2020, this Court passed the following order:- "The petitioner is seeking anticipatory bail in FIR No. 184 dated 21.05.2020 under Sections 61 of the Punjab Excise Act 1914 registered at Police Station City Sangrur , District Sangrur. Learned counsel for the petitioner contends that the name of the petitioner was disclosed by one Rajbir Singh from whom total 60 bottles of liquor was recovered and during investigation he gave name of the present petitioner. Notice of motion.

Ms. Samina Dhir, Deputy Advocate General, Punjab accepts notice on behalf of State. She informs that there are four other cases pending against the petitioner.

Learned counsel for the petitioner states that he is on bail in all those four cases.

Keeping in view above, petitioner is directed to join the investigation as and when called by the Investigating Officer. In the event of his arrest, he will be released on bail by the Investigating Officer on his furnishing bail bonds/sureties to his satisfaction, subject to the following conditions, as envisaged under Section 438

(2) Cr.P.C.:-

1. that the petitioner will make himself available for interrogation by a police officer as and when required;

2. that the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

3. that the petitioner will not leave India without the prior permission of the Court;

4. such other condition as may be imposed under sub section(3) of Section 437, as if the bail was granted under that section. List on 01.09.2020.

Learned State counsel, on instructions from ASI Surinder Singh, has informed that in compliance of order dated 05.06.2020 passed by this Court, the petitioner had joined the investigation on 20.06.2020 and he is no longer required for custodial interrogation. In view of the said fact, interim order dated 05.06.2020 passed by this Court is made absolute, subject to the conditions, as envisaged under Section 438 (2) Cr.P.C However, the petitioner is at liberty to file fresh bail bonds after presentation of the challan.

Accordingly, the petition stands disposed of. 01.09.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No