Randhir Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:24.09.2021 Randhir Singh ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. J.S. Rana, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

(Through video conferencing) **** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.59 dated 12.06.2021 registered under Sections 61, 78(2),1,14 of the Punjab Excise Act at Police Station Moonak, District Sangrur. While issuing notice of motion on 02.07.2021, following order was passed:- "The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner contends that as per allegations, 60 bottles of Indian made liquor were allegedly recovered from the site at which the motorcycle and the bag were thrown by the petitioner

while fleeing from the spot on seeing the police party. The FIR is silent with regard to the manner in which the bag was being carried by the petitioner. There is no averment in the FIR that the bag was kept on both sides of motorcycle.

Notice of motion for 24.09.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 08.07.2021 at 11.00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date."

Learned counsel for the petitioner submits that in compliance of the order dated 02.07.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI Balbir Singh submits that the petitioner has joined the investigation and he is no more required for further investigation in the case. In view of above, the interim order dated 01.07.2021 is made absolute. Petitioner shall keep on joining the investigation

as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of.

(RAJ MOHAN SINGH) 24.09.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No