Sethi @ Sethi Kumar v. State Of Punjab And Another

CRM-M-17763-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17763-2019 (O & M) Date of Decision:24.05.2019 Sethi @ Sethi Kumar

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Pankaj Bali, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.16 dated 16.03.2019 under Sections 332/353/186/379/411 IPC, registered at Police Station Balachour, SBS Nagar. The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 22.04.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner contends that the FIR was registered on the statement of complainant, namely, Husan Lal wherein it was alleged that during patrol duty along with other officials, the petitioner was found to be in possession of pieces of wood on his left shoulder. However, at the time of detecting this alleged theft, the complainant was alone. It is pointed out that there is delay of two days in lodging the FIR. It is further Sheetal Gawri 2019.05.27 15:08 I attest to the accuracy and integrity of this document Chandigarh contended that the ingredients to constitute offence

CRM-M-17763-2019 (O & M) -2punishable under Sections 379 and 411 IPC are antithesis of each other and it is seriously debatable as to actually any offence under Section 379 IPC is made out. Notice of motion for 24.05.2019.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from ASI Pawan Kumar does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 22.04.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

24.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.27 15:08 I attest to the accuracy and integrity of this document Chandigarh