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High Court of Punjab and HaryanaCRM-M/53685/2018allowed

Sandeep Kumar v. State Of Punjab

2019-01-16Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.53685 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.53685 of 2018 Decided on: 16.01.2019 Sandeep Kumar ....Petitioner

Versus

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

Mr. Lalit Kumar, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

Mr. P.K.S. Phoolka, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.239 dated 05.10.2018, registered under Sections 420/120-B IPC and 13 of the Punjab Prevention of Human Smuggling Act, 2012 at Police Station Civil Lines, Bathinda, District Bathinda. The operative part of the order dated 05.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that the petitioner was granted interim anticipatory bail by the Addl. Sessions Judge, however, later on, the same was dismissed with the observation that the petitioner has failed to get the amount recovered. It is further submitted that the petitioner is ready to join the investigation and deposit an amount of Rs.50,000/- with the Illaqa MOHD YAKUB 2019.01.16 16:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.53685 of 2018 Magistrate.

Notice of motion for 16.01.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 05.12.2018, the petitioner has joined the investigation and has deposited the amount of Rs.50,000/- with the Illaqa Magistrate and has also placed on record the photocopy of the order passed by the Illaqa Magistrate and the receipt, which are taken on record as Mark X. Counsel for the State, on instructions from ASI Sukhwinder 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 05.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 16.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.16 16:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh