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High Court of Punjab and HaryanaCRM-M/46945/2018allowed

Rohit Kumar v. State Of Punjab

2019-02-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.46945 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.46945 of 2018 Decided on: 20.02.2019 Rohit Kumar ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Ms. Kanika Ahuja, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

Ms. Amandeep Kaur, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.20 dated 29.08.2018, registered under Sections 406, 420, 468, 471 and 120-B of the Indian Penal Code, 1860 at Police Station Dhakoli, District S.A.S. Nagar, Mohali.

The operative part of the order dated 11.01.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Notice of the application to counsel opposite. Mr. M.S. Nagra, AAG, Punjab, who is present in the Court, accepts notice on behalf of the nonapplicant/respondent No.1 while Ms. Amandeep Kaur, Advocate has appeared on behalf of the nonapplicant/respondent No.2. Counsel for the non-applicant/respondent No.1 - MOHD YAKUB 2019.02.20 16:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.46945 of 2018 State has raised no serious objection.

For the reasons stated in the application, the same is allowed and the applicant/petitioner is directed to appear before the Investigating Officer on 15.01.2019 at 10:00 am or on any other date or time fixed by him, to join investigation and he shall be released on interim bail subject to the following conditions:- 1.

He shall make himself available for interrogation by a police officer as and when required;

2.

He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and 3.

He shall not leave India without previous permission of the Court."

Counsel for the petitioner has submitted that, in pursuance to the order dated 11.01.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Gulshan Kumar, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 11.01.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.20 16:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh