Pankaj Sharma v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: September 22, 2015 Pankaj Sharma

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. P.S. Hundal, Senior Advocate, with Mr. Dinesh Trehan, Advocate, for the petitioner.

Mr. P.S. Ghuman, Addl. AG, Punjab, for respondent No. 1.

Mr. Sachin Sharma, Advocate, for respondent No. 2.

1.

Whether Reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

NARESH KUMAR SANGHI, J (Oral) CRM-031892-2014:

Heard.

Criminal Miscellaneous application for exemption is allowed in terms of the prayer made, subject to all just exceptions.

CRM-M-35607-2014:

Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to the petitioner, Pankaj Sharma, son

of Ram Parkash, resident of House No. 131, Gali No. 3, Nehru Colony, Majitha Road, Amritsar, who has been booked for having committed the offences punishable under Sections 406 and 498-A, IPC, in a case arising out of FIR No. 185, dated 7.8.2014, registered at Police Station, Sadar, Amritsar.

Learned senior counsel contends that as per his information the petitioner has joined the investigation and after completion of the investigation, cancellation report has been presented before learned Area Judicial Magistrate. Learned counsel for the State on instructions from ASI Baldev Singh of Police Station, Sadar, Amritsar, has not controverted the factual aspect stated by learned senior counsel for the petitioner and submits that custodial interrogation of the petitioner is not required.

Learned counsel for the informant/respondent No. 2 is unable to controvert the stand taken by learned counsel for the State.

I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

Keeping in view totality of the facts and circumstances of the case, the present petition is allowed. The interim directions issued by this Court vide order dated 16.10.2014 are made

absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

(NARESH KUMAR SANGHI) JUDGE September 22, 2015 Pkapoor