Hem Raj v. State Of Punjab

Crl. Misc. No. M-31880 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-31880 of 2017 Date of Decision : January 30, 2018 Hem Raj .............................................................Petitioner

Versus

State of Punjab ............................................................ Respondent CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr. Munish Puri, Advocate for the petitioner.

Ms. Seena Mand, DAG, Punjab.

...

LISA GILL, J. (Oral) The petitioner seeks the concession of anticipatory bail in FIR No. 10 dated 05.06.2017 under Sections 376, 511 IPC registered at Police Station Dhar Kalan, District Pathankot.

It is submitted that the petitioner has been falsely implicated in this case due to political rivalry. There is a delay in lodging of the FIR. The incident mentioned is of 04.06.2017 whereas the FIR in question was registered on 05.06.2017. The alleged victim who belongs to Assam did not come forward at the first instance to lodge any complaint. Moreover, the alleged victim has not identified the victim to be an accused. The petitioner has joined investigation pursuant to interim order passed by this Court. It is, thus, prayed that this petition be allowed. Learned counsel for the State, on instructions from ASI Arun Kumar, Police Station Dhar Kalan, District Pathankot, verifies that the Rupinder Kaur 2018.01.30 17:34 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-31880 of 2017 [ 2 ] victim in this case has not raised any allegation against the present petitioner. It is further verified that the petitioner has joined investigation and he is not involved in any other criminal case. Keeping in view the facts and circumstances of the case but without expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition.

Consequently, in the event of arrest of the petitioner, he be released on bail to the satisfaction of the Arresting/investigating Officer. The petitioner shall join investigation as and when called upon to do so. Petitioner shall comply with the conditions stipulated in Section 438 (2) Cr.P.C.

( LISA GILL ) 30.01.2018 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2018.01.30 17:34 I attest to the accuracy and integrity of this document