High Court of Punjab and HaryanaCRM-M/25202/2021disposed of

Bhagwan Singh v. State Of Punjab

2021-09-28Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video-conferencing) CRM-M No.25202 of 2021 Date of Decision: 28.09.2021 BHAGWAN SINGH ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Anand Kaushal, Advocate for Mr. D.S. Gandhi, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail in case bearing FIR No.69 dated 25.05.2021 registered under Section 306 IPC at Police Station, Sirhali, District Tarn Taran. On 05.07.2021, following order was passed by this Court:- "The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner contends that vide order dated 11.06.2021, interim bail was granted to the petitioner by Additional Sessions Judge, Tarn Taran thereby directing the petitioner to join the investigation on

or before 15.06.2021. Due to communication gap between the petitioner and his counsel, petitioner could not join the investigation within the time prescribed and even the counsel did not appear on 15.06.2021, resulting in dismissal of the anticipatory bail by Additional Sessions Judge, Tarn Taran.

Learned counsel for the petitioner has referred to the merits of the case to plead that Mandip Singh was a drug addict and the respectables of the village have executed majornama dated 05.06.2021 in the context of innocence of the petitioner.

Notice of motion for 28.09.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 11.07.2021 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 aforesaid order, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from Investigating Officer admits the aforesaid fact and submits that the petitioner is no more required for further investigation of the case.

In view of aforesaid factual position, the interim order dated 05.07.2021 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) September 28, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No