High Court of Punjab and HaryanaCRM-M/27760/2023allowed

Mohabbat Meharban v. State Of Punjab

2023-09-05Mr. Justice Anoop Chitkara2 pages

2023:PHHC:117240

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 224-2 CRM-M-27760-2023 Date of Decision: 05.09.2023 Mohabbat Meharban ......... PeƟƟoner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Anshul Sharma, Advocate for Mr. G.S. Madaan, Advocate for the peƟƟoner.

Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 12.04.2023 Vigilance Bureau, Phase-1, District SAS Nagar, Mohali 7, 7-A of PrevenƟon of CorrupƟon Act, 1988 as amended by P.C.

(Amendment) Act 2018 and SecƟon 120-B IPC The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail. 2.

State counsel submits that as per custody cerƟficate dated 05.09.2023, one another case under the Arms Act is pending against the peƟƟoner, however, in para 15, the peƟƟoner has menƟoned that he has no criminal history. 3.

On this, counsel for the peƟƟoner submits that the error has occurred because the peƟƟoner was in custody and there was a miscommunicaƟon. However, he further submits that in compliance of order dated 29.08.2023, he has handed over the affidavit declaring assets of the peƟƟoner to the State counsel and he submits that he would hand over the affidavit of his spouse by 13.09.2023. JYOTI 2023.09.06 16:18 I attest to the accuracy and integrity of this order/judgment.

CRM-M-27760-2023 -22023:PHHC:117240 4.

State counsel does not refute the claim of the peƟtoner qua compliance. 5.

Given such assurance, the present peƟƟon is allowed and interim order dated 29.08.2023 is made absolute. It is clarified that in case, affidavit of the peƟƟoner's spouse is not filed by 13.09.2023 then this order shall stand recalled automaƟcally and the peƟƟoner shall surrender in the concerned trial Court on 14.09.2023. All pending miscellaneous applicaƟons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 05.09.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.09.06 16:18 I attest to the accuracy and integrity of this order/judgment.