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High Court of Punjab and HaryanaCRM-M/30317/2021allowed

Amarjeet Singh And ANR v. State Of Punjab

2021-11-02Mr. Justice Suvir Sehgal2 pages

CRM-M-30317 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-30317 of 2021 211-A Date of decision:02.11.2021 Amarjeet Singh and another ... Petitioners Vs.

State of Punjab ... Respondent

CORAM:

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

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

While granting interim protection to the petitioners, this Court passed the following order on 02.08.2021:- "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 and Section 3 of the Damage to Public Property Act were added later on), at Police Station Sadar Fazilka, District Fazilka (Annexure P1). Counsel for the petitioners contends that though the name of the petitioners do not figure in the FIR, but they have been arraigned as accused on the basis of supplementary statement of the injured liquor contractor, Om Prakash. He has SAVITA KADIAN 2021.11.09 17:11 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-30317 of 2021 {2} placed reliance on order dated 27.07.2021, whereby coaccused - Teja Ram has been granted interim protection by this Court in CRM-M-29097-2021.

Notice of motion.

On asking of the Court, Mr. Sandeep Singh Deol, DAG, Punjab accepts notice on behalf of respondent-State. List on 02.11.2021.

To be heard with CRM-M-29097-2021.

Meanwhile, the petitioners shall join the investigation and would come present as and when called for and in the event of arrest, they shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. They shall also abide by the conditions as specified under Section 438 (2) Cr.P.C." Interim protection granted to co-accused in CRM-M-290972021 has been made absolute by this Court by an order passed on even date. Upon instructions from ASI Des Raj, State counsel submits that the petitioners have joined the investigation and they are 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 02.08.2021 granting interim bail to the petitioners 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 17:11 I attest to the accuracy and integrity of this document High Court Chandigarh