High Court of Punjab and HaryanaCRM-M/15120/2019allowed

Manpal Singh v. State Of Punjab

2019-05-17Mr. Justice Manoj Bajaj2 pages

CRM-M-15120-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15120-2019 (O & M) Date of Decision:17.05.2019 Manpal Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Ramanjeet Singh, Advocate for the petitioner. Mr. Harsimar Singh Sitta, AAG, Punjab.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.51 dated 07.03.2019 under Sections 379-B/473/34 IPC, registered at Police Station, Focal Point, Ludhiana. The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 02.04.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- " Learned counsel for the petitioner contends that a perusal of the FIR reveals that only a secret information was received by the Police regarding alleged indulgence of the petitioner in snatching the mobile phones. According to him, no occurrence ever took place and the petitioner was never involved in any such crime.

Sheetal Gawri 2019.05.22 16:55 I attest to the accuracy and integrity of this document Chandigarh Notice of motion for 17.05.2019.

CRM-M-15120-2019 (O & M) -2Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel who is assisted by HC Gurpreet 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 02.04.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

17.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.22 16:55 I attest to the accuracy and integrity of this document Chandigarh