Teja Ram v. State Of Punjab

CRM-M-29097 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-29097 of 2021 Date of decision:02.11.2021 Teja Ram ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Neeraj Madaan, Advocate, for the petitioner. Mr. Sarabjit Singh Cheema, AAG, Punjab.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

While granting interim protection to the petitioner, this Court passed the following order on 27.07.2021:- "The Court has been convened through video conferencing due to Covid-19 Pandemic.

Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.102 dated 05.07.2017, registered for offences under Sections 307, 353, 186, 323, 427, 148, 149 and 342 of the Indian Penal Code, 1860 (Section 379-B IPC and under Section 3 of the Damage to Public Property Act were added later on), at Police Station Sadar Fazilka, District Fazilka (Annexure P-1).

Counsel for the petitioner contends that even though the FIR was registered in July 2017, but for the last four years the matter was being enquired into and after completion of enquiry, 23 persons including the petitioner, were nominated as accused. He has placed reliance on orders dated 30.11.2017 SAVITA KADIAN 2021.11.09 17:12 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-29097 of 2021 {2} and 14.05.2018 passed in CRM-M-42402-2017 (Annexure P3), whereby co-accused, who are similarly situated, have been granted pre-arrest bail by this Court.

Notice of motion.

On asking of the Court, Mr. Harbir Singh Sandhu, AAG, Punjab accepts notice on behalf of respondent-State. Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C." Upon instructions from ASI Des Raj, State counsel submits that the petitioner has joined the investigation and he is no longer required for custodial interrogation.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 27.07.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) November 02, 2021 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No SAVITA KADIAN 2021.11.09 17:12 I attest to the accuracy and integrity of this document High Court Chandigarh