Bittu Alias Sandeep v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:28.09.2021 Bittu @ Sandeep ......Petitioner Vs State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Surinder Garg, Advocate for the petitioner.

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

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.75 dated 05.06.2021 registered under Sections 323, 324, 379-B and 34 IPC at Police Station Gidderbaha, District Sri Muktsar Sahib. On 05.07.2021, following order was passed:- "The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner contends that the offences except offence under Section 379-B IPC are bailable in nature. Allegation of snatching of Rs.11,000/- by the petitioner is pending verification before the police officials. It was so recorded in the

police proceedings conducted after registration of case. Wife of the petitioner is a Municipal Councilor of Mandi Gidderbaha.

Learned counsel further contends that registration of FIR is on account of political clout of the complainant. Even at one point of time, an audio became viral in which local political figure of the area was threatening the petitioner either to come to his house for apology, otherwise he would be involved in a false case under Section 307 IPC. Petitioner has already apologized to the said political figure. 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 order dated 05.07.2021, petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.

Learned State counsel on instructions from ASI

Kashmir Singh submits that the petitioner has joined the investigation on 04.06.2021 and he is no more required for further investigation in 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) 28.09.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No