← Library
High Court of Punjab and HaryanaCRM-M/4340/2018allowed

Israyal v. State Of Punjab

2018-05-08Mr. Justice Augustine George Masih2 pages

CRM-M-4340-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-4340 of 2018 (O&M) Date of Decision: May 08, 2018 Israyal ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Gulzar Mohd., Advocate for the petitioner (s).

Mr. Amandeep S. Gill, Senior D.A.G. Punjab.

Mr. A.S. Gill, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.6 dated 09.01.2018 registered for the offences punishable under Section 306 of Indian Penal Code, at Police Station GRP Jalandhar. Heard.

Learned State counsel submits that he has instructions to state that petitioner has joined the investigation, which is still in progress but his custodial interrogation is no more required for the purpose of further investigation.

Learned counsel appearing for complainant submits that deceased Sandeep Singh had left behind a suicide note, wherein he has implicated the petitioner and clearly stated that he had committed suicide Sachin Mehta 2018.05.08 17:17 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-4340-2018 -2due to harassment meted out to him and his family by petitioner, as such, it is not a case of grant of anticipatory bail to the petitioner. Petitioner vide FIR No.245 dated 18.11.2017 registered at Police Station Maqsudan, District Jalandhar, had reported the police about abduction of his son Aslam and the matter was under investigation. Sandeep Singh was named in that FIR. During the pendency of investigation, Sandeep Singh committed suicide and in suicide note named the petitioner for his false implication and harassment of his family. The petitioner has joined the investigation, which is still in progress. The case got registered by the petitioner is also under investigation. Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 05.04.

(iii) that the petitioner shall not leave India without the prior permission of the Court;

(iv) that the petitioner will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) May 08, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Sachin Mehta 2018.05.08 17:17 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH Whether Reportable:

Yes/No