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High Court of Punjab and HaryanaCRM-M/5426/2016allowed

Akhil Mahajan v. State Of Punjab

2016-08-01Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-5426 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-5426 of 2016 Date of Decision: 01.08.2016 Akhil Mahajan ......Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Arvind Kashyap, Advocate for the petitioner.

Mr. V.P.S.Sidhu, AAG, Punjab.

Mr. R.S.Chauhan, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J (ORAL) Through the instant petition, the petitioner is seeking anticipatory bail in case FIR No. 4 dated 14.1.2016, registered under Sections 498-A, 406, 506 IPC, Police Station Division No. 1, Pathankot, District Pathankot.

Counsel for the petitioner states that pursuant to the order dated 15.2.2016, passed by this Court, the petitioner has joined the investigation. State counsel states that the petitioner has joined the investigation.

On the last date the complainant side appeared and had urged that articles worth Rs. 22 lacs had been given. The State counsel had stated that no bills had been supplied. The complainant side had been asked to hand over the bills to the State before the next date of hearing. The bills were not handed over to the State for them to respond. GURPREET SINGH 2016.08.03 15:17 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-5426 of 2016 -2The bills have been handed over to the State counsel today in the Court. The petitioner has already joined the investigation. Custodial interrogation is not necessary. It would be a disputed question of fact as to what articles were given and the complainant will have to prove the same at the trial.

Looking to the circumstances, but without commenting on the merits of the case, the petition is allowed and order dated 15.2.2016 granting interim bail to the petitioner is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i) (ii) and (iii) of the Code of Criminal Procedure.

(ANITA CHAUDHRY) JUDGE August 01, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2016.08.03 15:17 I attest to the accuracy and authenticity of this document High Court Chandigarh