Jasbir Singh v. State Of Punjab
In the High Court of Punjab and Haryana at Chandigarh ......
Criminal Misc. No.M-36323 of 2016 .....
Date of decision:21.11.2016 Jasbir Singh .....Petitioner v.
State of Punjab .....Respondent ....
Present:
Mr. Vikram Singh, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.
.....
Inderjit Singh, J.
The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.204 dated 1.9.2016 registered for the offence under Section 420 IPC at Police Station Sohana, District S.A.S. Nagar (Mohali).
Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. The present petitioner has already joined the investigation. He is not required for custodial interrogation. Nothing is to be recovered from Harpal Singh Parmar 2016.11.22 17:26 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-36323 of 2016 [2] him. As per the allegations, on 5.8.2011 Jasbir Singh met the complainant to hand over `5 Lakhs to his relative Tejinder Singh alias Billu. The FIR in the present case has been registered in the year 2016. In the FIR, it has also been stated that if Tejinder Singh does not return the amount by 30.7.2013, then present petitioner Jasbir Singh will pay the amount. From the record, I find that in the present case the amount has been paid to Tejinder Singh and not to the present petitioner. No useful purpose will be served by sending the petitioner to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 7.10.2016 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. November 21, 2016.
(Inderjit Singh) Judge *hsp* NOTE:
Whether speaking/reasoned:
Yes Whether reportable:
No Harpal Singh Parmar 2016.11.22 17:26 I attest to the accuracy and authenticity of this document Chandigarh