High Court of Punjab and HaryanaCRM-M/32656/2022allowed

Sukhjinder Pal v. State Of Punjab

2023-12-11Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:158074 CRM-M-32656-2022 Date of decision: December 11th, 2023 Sukhjinder Pal .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Prateek Gupta, Advocate for the petitioner.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.77 dated 03.07.2022 under Sections 409, 420 and 380 of the Indian Penal Code, 1860, registered at Police Station City, Nakodar, District Jalandhar. Vide order dated 02.02.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner prays for grant of anticipatory bail to the petitioner and inter-alia contends that the petitioner has been falsely implicated in the present FIR as the petitioner was only dealing with the distribution of ration to ration card holders and he had nothing to do with the dispatches. Learned counsel has also placed on record the affidavits of other security guards and submits that the petitioner is ready and willing to join the investigation as nothing is to be recovered from him."

PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-32656-2022 -2Learned counsel for the petitioner submits that in compliance of order dated 02.02.2023, the petitioner has joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation.

In view of the above, the petition is allowed and interim order dated 02.02.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

December 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh