High Court of Punjab and HaryanaCRM-M/24887/2019allowed

Suraj Kumar v. State Of Punjab

2019-07-24Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.24887 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.24887 of 2019 Decided on: 24.07.2019 Suraj Kumar ....Petitioner

Versus

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

Mr. Raghav Goyal, Advocate for the petitioner.

Mr. Jagmohan Ghumman, DAG, Punjab.

Mr. Aman Dhir, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.0044 dated 17.03.2018 registered under Sections 323, 325 IPC (Section 3(1)(iii) of the SC & ST Act added later on 06.12.2018) at Police Station City Sri Muktsar Sahib.

The operative part of the order dated 29.05.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Counsel for the petitioner has submitted that in fact the petitioner's daughter is the complainant in FIR No.95 dated 30.06.2015 registered under Sections 376, 506, 511 IPC and POSCO Act, in which the accomplice of the complainant were convicted. It is further submitted that the petitioner has been implicated in the present FIR only on account of settling the personal vendetta and MOHD YAKUB 2019.07.24 16:11 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M No.24887 of 2019 primarily, the offence punishable under Section 3(1)(iii) of the SC & ST Act is not made out.

Notice of motion for 24.07.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 29.05.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from SI Daljit 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 29.05.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 24.07.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.07.24 16:11 I attest to the accuracy and integrity of this document High Court, Chandigarh