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High Court of Punjab and HaryanaCRM-M/5240/2016allowed

Baljinder Singh @ Banti v. State Of Punjab

2017-02-07Mr. Justice Satpal2 pages

CRM No.M-5240 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 5240 of 2016(O&M) Date of Decision: February 7 , 2017.

Baljinder Singh @ Banti ...... PETITIONER (s)

Versus

State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Surjit Singh Swaich, Advocate for the petitioner.

Ms. Shivali, AAG, Punjab.

None for respondent No.2.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Despite service, none appeared on behalf of respondent No.2. Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.8 dated 13.01.2016 under Sections 452/354 IPC registered at Police Station Kurali, District SAS Nagar (Mohali). It is submitted that the petitioner and the complainant were having friendly relations. It is only when the same came to the notice of the family members of the victim, the present FIR has been registered. It is further submitted that pursuant to interim order dated 19.02.2016 passed by this Omkar Singh 2017.02.07 17:44 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-5240 of 2016 [2] Court, the petitioner has joined investigation. Verification of the ownership of the SIM card has been carried out. No recoveries are to be effected from him. He thus prayed that this petition be allowed. Learned counsel for the State, on instructions from HC Jarnail Singh, submits that the petitioner has indeed joined investigation and he is no longer required for custodial interrogation. No recovery is to be effected from him. The ownership of the SIM card in question has been verified to be that of Malkit Singh, father of the complainant.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances of the case but without commenting or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 19.02.2016 is made absolute. ( LISA GILL ) February 7 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.02.07 17:44 I attest to the accuracy and authenticity of this document Chandigarh