Heera Lal v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-6256 of 2018 .....

Date of decision:17.07.2019 Heera Lal

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Umesh Aggarwal, Advocate for the petitioner. Mr. Prabhjot S. Walia, Assistant Advocate General, Punjab for the respondent-State.

Mr. Vikas Gupta, Advocate for the complainant. .....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail in case FIR No.079 dated 30.07.2017 registered for the offences under Sections 307, 326, 323 and 34 IPC and Section 25 of the Arms Act at Police Station Chola Sahib, District Tarn Taran. Notice of motion has been issued in this case. Mr. Prabhjot S. Walia, learned Assistant Advocate General, Punjab has appeared on behalf of the respondent-State and Mr. Vikas Gupta, learned Advocate has appeared for the complainant and contested this petition.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. HARPAL SINGH PARMAR 2019.07.18 17:13 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-6256 of 2018 [2] Learned counsel for the petitioner argued that there is delay of about 12 days in registration of the FIR.

Learned State counsel has stated that cancellation report has been presented before the lower Court.

Keeping in view the facts and circumstances of the present case and the fact that after the investigation cancellation report has been submitted; the petitioner has joined the investigation and is not required for custodial interrogation, no useful purpose will be served by keeping the petitioner in custody. Therefore, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I accept this criminal miscellaneous petition and in the event of arrest, the petitioner shall be admitted to bail on his furnishing personal bonds and surety to the satisfaction of the Arresting/ Investigating Officer. The petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

July 17, 2019.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2019.07.18 17:13 I attest to the accuracy and authenticity of this document Chandigarh