Balkar Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-31074 of 2019 (O&M) Date of Decision: September 09, 2019 Balkar Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Manuj Nagrath, Advocate for the petitioner.

Mr.Prabhjot Singh Walia, AAG, Punjab for the respondent-State.

Mr.Amit Jhanji, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.132 dated 25.06.2019 under Sections 420, 120-B IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station Civil Lines, Batala. Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. The perusal of the FIR shows that the main accused is Jyoti VINEET GULATI 2019.09.10 16:10 I attest to the accuracy and authenticity of this document Chandigarh Kanda @ Jyoti Dimpi, daughter-in-law of present petitioner. The only

CRM No.M-31074 of 2019 -2allegation against the petitioner in the FIR is that he told the complainant that his daughter-in-law is running the Travel Agency. From the record, I find that inducement is by Jyoti Kanda @ Jyoti Dimpi. The money has also been given to her and documents etc. have also been sent by her. Only connivance has been alleged against the present petitioner.

The petitioner has already joined the investigation. He is not required for custodial interrogation. No useful purpose will be served by sending and keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 23.07.2019 granting interim bail to the petitioner, is made absolute.

September 09, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.09.10 16:10 I attest to the accuracy and authenticity of this document Chandigarh