High Court of Punjab and HaryanaCRM-M/49609/2018allowed

Joga Singh @ Partap Singh v. State Of Punjab

2018-12-14Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.49609 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.49609 of 2018 Decided on: 14.12.2018 Joga Singh @ Partap Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Puneet Kumar Bansal, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.136 dated 24.09.2017 registered under Sections 324, 323, 148, 149 of the Indian Penal Code (in short 'IPC') (Section 326 IPC added later) at Police Station Makhu, District Ferozepur.

The operative part of the order dated 13.11.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that after registration of the FIR, the case was enquired into and as per the enquiry conducted by the Deputy Superintendent of Police, the petitioner was found innocent and the same was sent to the Senior Superintendent of Police. However, later on another enquiry was conducted and on the basis of the same, the petitioner is now sought to be arrested. It is further submitted that it is a case of version and cross-version and MOHD YAKUB 2018.12.14 16:54 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.49609 of 2018 even, a cross-version has been registered by the petitioner. It is also argued that the alleged incident pertains to 24.09.2017 and till date, the petitioner was not arrested on the basis of the aforesaid enquiry report, finding the petitioner innocent.

Notice of motion for 14.12.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 13.11.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Gurbachan Singh, 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 13.11.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 14.12.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.12.14 16:54 I attest to the accuracy and authenticity of this document High Court, Chandigarh