High Court of Punjab and HaryanaCRM-M/46189/2017allowed

Nahar Singh v. State Of Punjab

2018-03-21Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46189-2017 Date of decision: 21.03.2018 Nahar Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. K.S. Hissowal, Advocate, for the petitioner.

Mrs. Anju Arora, Addl. Advocate General, Punjab. **** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 104 dated 12.11.2017 under Sections 451 & 354 IPC, registered at Police Station Bakshiwala, District Patiala.

This Court was pleased to pass the following order on 05.12.2017 :- "Learned counsel for the petitioner contends that the allegations as made out in the FIR are absolutely false. In fact, a complaint has been made on account of party fraction in the village. He has already filed CRMM-28021-2017 in which a direction had been given to the Senior Superintendent of Police, Patiala that his application dated 20.07.2017 should be looked into. In the said application, he has raised a grievance that he is being harassed. He has contended that no recoveries are to be effected from the petitioner. He further submits that Satyawan 2018.03.21 16:16 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-46189-2017 -2the petitioner is ready to join the investigation. Notice of motion for 21.03.2018.

Meanwhile, in the event of arrest, the petitioner be released on interim 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."

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 05.12.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 21.03.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.03.21 16:16 I attest to the accuracy and authenticity of this document High Court Chandigarh