Ravinder Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 19.08.2020 Ravinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. A.S.Khosa, Advocate for the petitioner.

Mr. Mehardeep Singh, Addl. A.G., Punjab.

JITENDRA CHAUHAN, J. (Oral) The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. The petitioner seeks pre-arrest bail in case FIR No. 67 dated 29.05.2020, registered under Section 61 of Punjab Excise Act, 1914 at Police Station Sadar Abhor, District Fazilka. Heard.

On 19.06.2020, the following order was passed:- "The matter is taken up through video conference/WhatsApp [due to the pandemic COVID-19]. This is the first petition filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.67 dated 29.05.2020 registered under Section 61 of Punjab Excise Act, 1914 at Police Station Sadar Abohar, District

-2Fazilka.

The allegation against the petitioner is that 200 liter Lahan was recovered from his house.

Learned counsel for the petitioner submits that the present case has been registered on the basis of secret information. He submits that the petitioner has been falsely implicated in the present case. He further submits that no independence witness was joined at the time of recovery by the police.

Notice of motion.

Mr. H.S. Grewal, Addl. AG, Punjab accepts notice on behalf of the respondent-State.

List on 19.08.2020.

In the meanwhile, the petitioner shall appear before the Investigating Officer/Arresting Officer as and when required and shall fully cooperate in the investigation of this case. In the event of his arrest, the petitioner shall be released on interim bail to the satisfaction of Investigating Officer/Arresting Officer. Petitioner shall comply with the conditions as stipulated in Section 438( 2) Cr.P.C".

Learned State counsel on instructions from ASI Sukhmandar Singh, submits that in pursuance of the order dated 19.06.2020 passed by this Court, the petitioner has joined the investigation and he is not required for custodial interrogation. He further informs that the petitioner is in custody in some other FIR.

In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 19.06.2020, is made absolute, subject to furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate

-3concerned.

The petition stands allowed.

19.08.2020 (JITENDRA CHAUHAN) jyoti-II JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No