Makhan Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27147-2024 Date of decision: 12.08.2024 Makhan Singh ....Petitioner V/s State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Mr.Sudhir Rana, Advocate, for the petitioner. Mr.Amit Rana, Sr.DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.69 dated 12.04.2024 under Sections 306 and 506 of the Indian Penal Code, 1860, registered at Police Station Mahilpur, District Hoshiarpur.

2.

On the last date of hearing i.e. on 27.05.2024, while noticing the following submission made by the learned counsel for the petitioner, a Coordinate Bench of this Court, had granted the concession of interim bail to the petitioner and asked him to join investigation. "Learned counsel for the petitioner, inter alia, submits that the petitioner merely happens to be uncle (Chacha) of the wife of the deceased and has no role to pay in the entire incident" 3.

Learned counsel for the petitioner submits that in compliance of order dated 27.05.2024, the petitioner has joined investigation and cooperated with the investigating agency.

POONAM RATHORE 2024.08.13 10:29 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-27147-2024 -24.

Learned State counsel, on instructions from ASI Manjit Singh, submits that the petitioner has not only joined investigation but it is also a matter of record that during investigation, the investigating agency has found the petitioner innocent. He, on further instructions, does not dispute the submissions made by the counsel opposite and submits that petitioner's custodial interrogation, in the aforementioned facts and circumstances, is not required.

5.

In view of the above, the petition is allowed and interim order dated 27.05.2024, is made absolute subject to the conditions laid down in Section 482(2) of BNSS/Section 438(2) of the Cr.P.C. (MANJARI NEHRU KAUL) JUDGE August 12, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.08.13 10:29 I attest to the accuracy and authenticity of this document High Court Chandigarh