High Court of Punjab and HaryanaCRM-M/45403/2016allowed

Karam Singh v. State Of Punjab

2017-03-07Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-45403 of 2016 (O&M) Date of Decision: March 07, 2017 Karam Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Rajesh Punj, Advocate for the petitioner.

Mr.Deep Singh, Asstt. Advocate General, Punjab for the respondent-State.

Mr.Rakesh Chopra, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.23 dated 08.02.2008 under Sections 420, 465, 467, 468, 471 and 120-B IPC registered at Police Station Jagraon, District Ludhiana.

Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that as per allegations, the petitioner left the country in the year 2006 for Canada and he never came back to India Vineet Gulati 2017.03.09 10:20 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-45403 of 2016 -2except in the year 2016. It is argued that present petitioner is witness to the compromise and the main accused have already been acquitted by the trial Court.

The petitioner has joined the investigation. He is not required for custodial interrogation or investigation. He is simply a witness to the compromise. No useful purpose will be served by sending the petitioner to custody. Vide order of even date passed in another connected case, the order declaring the petitioner proclaimed offender has been set aside by this Court.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed. It is ordered that in the event of arrest, the petitioner be released on bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. March 07, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.03.09 10:20 I attest to the accuracy and authenticity of this document Chandigarh