Dharma v. State Of Punjab

CRM-M-20567-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20567-2019 (O & M) Date of Decision:19.08.2019 Dharma

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Paramjit Singh Bal, Advocate for the petitioner.

Mr. Ramdeep Partap Singh, DAG, Punjab.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.72 dated 14.07.2013 under Sections 364-A, 307, 323, 324, 171, 148, 149,120B, 506, 420, 467, 468, 471, 201 IPC; Sections 25, 54, 59 of the Arms Act; Sections 29, 61, 85 of the NDPS Act and Section 66-A of Information Technology Act, 2000, registered at Police Station Doraha, District Ludhiana. The petitioner apprehended his arrest at the hands of Police. Learned counsel for the petitioner has invited the attention of the Court to the order dated 07.05.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Notice of motion for 19.8.2019.

The petitioner is directed to appear before the learned trial Court within one week from today. The trial Sheetal Gawri 2019.08.20 09:39 I attest to the accuracy and integrity of this document Chandigarh Court shall release him on interim bail subject to his

CRM-M-20567-2019 (O & M) -2furnishing bail bonds and surety bonds to its satisfaction."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from ASI Sukhwinder does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 07.05.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

19.08.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.08.20 09:39 I attest to the accuracy and integrity of this document Chandigarh