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High Court of Punjab and HaryanaCRM-M/926/2018allowed

Sudesh Tiwari @ Pamma v. State Of Punjab & ANR

2018-04-16Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-926-2018 Date of decision: 16.04.2018 Sudesh Tiwari @ Pamma

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. S.K. Choudhary, Advocate, for the petitioner.

Mr. A.S. Sandhu, Addl. Advocate General, Punjab. **** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 111 dated 13.10.2015 under Section 306 IPC, registered at Police Station Division No.1 Pathankot, District Pathankot.

This Court was pleased to pass the following order on 12.01.2018 :- "This is a petition that has been filed for grant of anticipatory bail to the petitioner in case FIR No. 111 dated 13.10.2015 under Section 306 IPC, registered at Police Station Division No.1, Pathankot, District Pathankot.

Learned counsel for the petitioner contends that in fact the matter has been compromised between the parties and in terms of the compromise a petition i.e. CRM-M-16060-2016 was filed, which was dismissed as withdrawn.

Notice of motion.

Satyawan 2018.04.17 12:09 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-926-2018 -2At this stage appearance has been caused by Mr. Veneet Kumar Garg, Advocate, for Mr. Lalit Rishi, Advocate on behalf of complainant-respondent No.2 and files memorandum of appearance. He undertakes to file power of attorney on the next date of hearing. He submits that he would have no objection in case the arrest of the petitioner herein is stayed.

Issue notice to the State of Punjab for 16.04.2018. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 12.01.2018 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 16.04.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.04.17 12:09 I attest to the accuracy and authenticity of this document High Court Chandigarh