High Court of Punjab and HaryanaCRM-M/26143/2023allowed

Kulwant Singh v. State Of Punjab

2023-10-20Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:137286 CRM-M-26143-2023 Date of decision: October 20th, 2023 Kulwant Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. G.S. Sidhu, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking anticipatory bail in the case FIR No.0041 dated 01.03.2023 registered under Sections 408 and 120-B of IPC (Sections 420, 467, 468, 471, 212 of IPC added later on) at Police Station Division 6, District Police Commissionerate Ludhiana. 2.

Vide order dated 14.07.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel inter alia contends that the petitioner was nominated as an accused on the basis of a disclosure statement made by co-accused, who allegedly misappropriated an amount of `2,19,20,000/- from their Company. It has been further submitted that it was the conceded case of the complainant that the petitioner was in no way involved in the misappropriation of the aforesaid amount and the petitioner was being linked to the alleged crime only because the co-accused, after committing the crime, had come and stayed at the house of the petitioner, who was their relative too."

PUNEET SACHDEVA 2023.10.20 16:16 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-26143-2023 -23.

Learned counsel for the petitioner submits that in compliance of order dated 14.07.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Satnam Singh, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 14.07.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 20th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.20 16:16 I attest to the accuracy and integrity of this document.

Chandigarh