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High Court of Punjab and HaryanaCRM-M/23737/2021allowed

Yadwinder Singh @ Jaddu @ Madru v. State Of Punjab

2022-01-05Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 5.1.2022 Yadwinder Singh @ Jaddu @ Madru .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Janak Singh Bhinder, Advocate, for the petitioner. Mr. Harbir Sandhu, AAG, Punjab, assisted by ASI Gurtej Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.112, dated 14.5.2021, Police Station Lehra, District Sangrur, under Section 61/1 of Punjab Excise Act, 1914. 2.

At the time of issuance of interim directions the following order was passed on 22.6.2021:

"Notice of motion.

- 2 - Mr. Prabjot Singh Walia, AAG, Punjab accepts notice on behalf of the respondent-State.

The counsel for the petitioner submitted that the alleged recovery of working still, 80 litres of 'Lahan', one bottle of illicit liquor has already been effected. The alleged place of recovery was not owned by the petitioner, who is ready to join investigation with the police.

The aforesaid contention raised by the counsel for the petitioner regarding alleged recovery has not been refuted by the State counsel in any manner.

In the light of the above, the petitioner is hereby directed to join investigation with the police. In case of his arrest, he is directed to be released on interim bail by the Investigating Officer to his own satisfaction till the next date of hearing. The petitioner should join investigation with the police well in time before the next date of hearing and should abide by the conditions envisaged in Section 438(2) Cr.P.C.

Now the case is adjourned to 6.8.2021.

Report of SHO be also called for that date."

3.

The learned State counsel, upon instructions from ASI Gurtej Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required. It has however, been informed that the petitioner stands involved in three other identical cases. 4.

Having regard to the nature of allegations and the fact that the petitioner has already joined investigation and his custodial interrogation is not required, the petition is accepted and the interim

- 3 - directions issued by this Court vide order dated 22.6.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

05.1.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No