High Court of Punjab and HaryanaCRM-M/15204/2019allowed

Gurnam Singh And Another v. State Of Punjab

2019-05-14Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.15204 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.15204 of 2019 Decided on: 14.05.2019 Gurnam Singh and another ....Petitioners

Versus

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

Mr. Manpreet Singh, Advocate for petitioner No.2.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

Mr. Gursharan Singh, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) Petitioner No.2 prays for grant of anticipatory bail in FIR No.0135 dated 30.12.2018 registered under Sections 135 of the Representation of People Act, 1951 and 1988 read with Section 186, 353, 34 IPC at Police Station Shri Hargobindpur, Police District Batala. The petition qua petitioner No.1 - Gurnam Singh already stands dismissed as withdrawn vide order dated 09.04.2019. The operative part of the order dated 09.04.2019, vide which interim anticipatory bail has been granted to petitioner No.2, is reproduced as under:- "....Learned counsel for the petitioners submits that against petitioner No.2 Charanjit Kaur, there are no direct allegations and the allegations are against her husband Gurnam Singh, who according to the complainant, at the MOHD YAKUB 2019.05.14 16:48 I attest to the accuracy and authenticity of this document.

Punjab and Haryana High Court, Chandigarh.

CRM-M No.15204 of 2019 time of counting of votes for the post of Sarpanch, in which petitioner No.2 secured 171 votes against one Paramjit Kaur, the winning candidate, who secured 181 votes, ran away with the ballot papers.

Learned State counsel, on instructions from ASI Sarwan Singh and assisted by learned counsel for the complainant, could not dispute the allegations in the FIR that there is no specific allegation of stealing the ballot papers by petitioner No.2.

List again on 14.05.2019...."

Counsel for petitioner No.2 has submitted that, in pursuance to the order dated 09.04.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Sarwan Singh, has not disputed the aforesaid fact and submits that petitioner No.2 is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to petitioner No.2 vide order dated 09.04.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 14.05.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.05.14 16:48 I attest to the accuracy and authenticity of this document.

Punjab and Haryana High Court, Chandigarh.