← Library
High Court of Punjab and HaryanaCRM-M/44787/2018allowed

Vinay v. State Of Punjab

2018-10-31Mr. Justice Arvind Singh Sangwan2 pages

 CRM-M-44787-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44787-2018 Date of Decision: 31.10.2018 Vinay ... Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. Piyush Sharma, Advocate, for the petitioner.

  

    INDERJIT SINGH, J. (Oral)       

   438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.140 dated 03.07.2018, registered at Police Station City Ferozepur, District Ferozepur, under Section 304 of the Indian Penal Code. Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. From the record, I find that as per the allegations in the FIR, Tony son of Sadik, who was got admitted in Civil Hospital, was a drugPARVEEN KUMAR 2018.10.31 16:17 I attest to the accuracy and authenticity of this document Chandigarh

  CRM-M-44787-2018 addict and due to consumption of over-dose of some intoxicant, he had died. The allegation against the present petitioner is that the deceased was getting intoxicant from the present petitioner as well Saleem @ Natta, Lakhvir and Gogga.

Learned State counsel submits that as per the report of chemical examiner, no poisonous substance was found in viscera. In pursuance of the interim order dated 10.10.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 10.10.2018, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

  

  

  !     Note:

"

    #$   %& "

   % ' PARVEEN KUMAR 2018.10.31 16:17 I attest to the accuracy and authenticity of this document Chandigarh