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High Court of Punjab and HaryanaCRM-M/14360/2019allowed

Harwinder Singh Alias Honey v. State Of Punjab

2019-05-01Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.14360 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.14360 of 2019 Decided on: 01.05.2019 Harwinder Singh @ Honey ....Petitioner

Versus

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

Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.23 dated 10.03.2019 registered under Sections 61/78 of the Punjab Excise Act, at Police Station Nahianwala, District Bathinda. The operative part of the order dated 29.03.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that as per the allegations in the FIR, 02 persons who were apprehended at the spot namely Kewal Singh and Kamaljit Sharma and the recovery was effected from them. It is further submitted that the petitioner is not involved in any other case and allegations in the FIR are that the liquor meant for sale in the State of Haryana was being sold illegally in the State of Punjab. It is also submitted that the name of the petitioner surfaced in the disclosure statement of the co-accused and nothing is to be recovered from him. MOHD YAKUB 2019.05.01 16:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.14360 of 2019 Notice of motion for 01.05.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 29.03.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Arjun 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 29.03.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 01.05.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.05.01 16:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh