High Court of Punjab and HaryanaCRM-M/29781/2017allowed

Rinku @ Narotam Singh And ORS. v. State Of Punjab

2018-10-11Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.29781 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.29781 of 2017 (O&M) Decided on: 11.10.2018 Rinku @ Narotam Singh and others ....Petitioners

Versus

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

Mr. O.S. Batalvi, Advocate for the petitioners.

Mr. Joginder Pal Ratra, DAG, Punjab.

Mr. Tarandeep Kumar, Advocate for Mr. D.S. Pheruman, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of anticipatory bail in FIR No.107 dated 06.07.2017, registered under Sections 302, 452, 148, 149 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Lopoke, District Amritsar (Rural).

The operative part of the order dated 10.10.2017, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "....Learned counsel for the petitioners contends that the deceased had died natural death and there was no external injury on his person as per the post-mortem report. He further states that as per the allegations in the FIR, the petitioners were empty handed.

Learned State counsel prays for more time as the MOHD YAKUB 2018.10.11 16:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.29781 of 2017 (O&M) report of the Chemical Examiner ascertaining the cause of death has not been received. The matter was adjourned on two previous occasions on 07.09.2017 and 26.09.2017 for this purpose.

List on 14.11.2017.

In the meantime, the arrest of the petitioners shall remain stayed till the next date of hearing...." Counsel for the petitioners has submitted that, in pursuance to the order dated 10.10.2017 and other subsequent orders, the petitioners have already joined the investigation. Counsel for the State, on instructions from SI Samuel Masih, assisted by counsel for the complainant has not disputed the aforesaid fact and submits that the police has already prepared a cancellation report.

In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 10.10.2017 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 11.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.11 16:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh