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High Court of Punjab and HaryanaCRM-M/21755/2023dismissed

Amar Singh Alias Ambu Alias Amarjit Singh v. State Of Punjab

2023-09-22Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-21755-2023 (O&M) 1 2023:PHHC:125205

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21755-2023 (O&M) Date of decision: 22.09.2023 Amar Singh @ Ambu @ Amarjit Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. B.S. Bhalla, Advocate, for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

**** MANJARI NEHRU KAUL, J.

The petitioner has filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.294 dated 31.12.2022 registered under Sections 304 and 34 of the Indian Penal Code, 1860 at Police Station Dharamkot, District Moga. 2.

Vide order dated 10.05.2023, petitioner was granted the concession of interim bail in the following terms :- "Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case on. The case has been registered at the instance of father of deceased-Raju Singh, who himself admitted in the FIR that his son namely Raju Singh and his nephew Rinku Singh were habitual to take intoxicants and he never gave any complaint against the petitioner regarding selling the intoxicant drugs to his son. Similarly placed co-accused Manga Singh has already been granted anticipatory bail by this Court vide order dated 14.03.2023 passed in CRM-M-4552-2023. The petitioner is already ready and willing to join the investigation. SATYAWAN 2023.09.22 17:28 I attest to the accuracy and integrity of this document

CRM-M-21755-2023 (O&M) 2 2023:PHHC:125205 Learned State counsel seeks time to file reply. Adjourned to 07.08.2023.

In the meanwhile, the petitioner is directed to join the investigation and appear before the Investigating Officer within 10 days from today and on his doing so, the petitioner shall be released on interim anticipatory bail subject to his furnishing personal/surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) of the Cr.P.C."

3.

Learned State counsel, on instructions from ASI Jaswinder Singh, submits that there has been non-compliance of orders dated 10.05.2023 as well as 07.08.2023 as petitioner has failed to join investigation.

4.

Learned counsel for the petitioner submits that he has not been able to get in touch with the petitioner.

5.

In view of the above facts and circumstances, the petition is dismissed.

22.09.2023 (MANJARI NEHRU KAUL) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No SATYAWAN 2023.09.22 17:28 I attest to the accuracy and integrity of this document