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High Court of Punjab and HaryanaCRM-M/32853/2023allowed

Krishan Kumar Goyal And Another v. State Of Punjab

2023-09-21Mr. Justice Arun Monga2 pages

CRM-M-32853-2023(O&M) 2023:PHHC:124773

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-32853-2023(O&M) Date of decision: 21.09.2023 Krishan Kumar Goyal and another ....Petitioners versus State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Akshay Bhan, Senior Advocate with Mr. Aman Bansal, Advocate, Mr. HPS Sandhu, Advocate, For the petitioners.

Mr. DhruvDayal, Additional A.G., Haryana.

Mr. Sakal, Advocate for Mr. Lalit Singla, Advocate, For the complainant.

***** ARUN MONGA, J. (ORAL) CM-27885-2023 Application is allowed, as prayed for.

Documents (Annexure P-1 to P-27) are taken on record, subject to all just exceptions.

Main case Present petition has been filed under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to the petitioners in case FIR No.0028 dated 21.01.2023, registered under Sections 420, 465, 467, 468, 471, 120-Bof Indian Penal Code,1860at Police Station, Zirakpur, District SAS Nagar, Punjab. 2.

Learned counsel for the petitioners submits that pursuant to order dated 28.07.2023 passed by this Court, petitioners have joined the investigation and have fully cooperated in the same.

3.

Learned State counsel per his instructions from ASI Chamkaur Singh submits that though petitioners have joined investigation but they have not cooperated. 4.

Prima facie, it appears to be a civil dispute which is being attempted to be given a colour of criminal culpability.

VANDANA 2023.09.22 19:31 I attest to the accuracy and integrity of this document

CRM-M-32853-2023(O&M) 2023:PHHC:124773 5.

Be that as it may, eventuality of the same will be determined in course of trial arising out of the FIR in question.

6.

Pursuant to the order dated 28.07.2023 passed by a coordinate Bench of this Court, petitioners have since joined investigation and their custodial interrogation is not required. Present petition is allowed. Order dated 14.07.2023 granting interim anticipatory bail to the petitioners is made absolute, subject to petitioners' complying with provisions under Section 438(2) Cr.P.C.

7.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 21.09.2023 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.09.22 19:31 I attest to the accuracy and integrity of this document