Vijay Kumar v. State Of Punjab





               










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   6The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.43 dated 08.07.2023, registered under Sections 420 and 120-B IPC at Police Station Mehta, District Amritsar Rural. Learned counsel contends that the allegations against the petitioner are that the trucks, the numbers of which have been mentioned in the FIR with allegations that the rice husk when weighed had less weight which was actually to be there, were not in his ownership. He has been falsely implicated on account of the fact that he is in similar business of transportation. The petitioner is not involved in any other case. He is ready and willing to join the investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab. accepts notice on behalf of respondent-State.

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Meanwhile, the petitioner is directed to join the investigation on or before 17.08.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditionals as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 27.09.2023.

29.08.2023 "Prayer in this application is for adding Section 408 IPC in the Head Note as well as in the prayer clause of the main petition.

Learned counsel for the applicant also prays that 07 days more time be given to the applicant to join the investigation as the applicant could not join the same on account of the fact that aforesaid section is not added in the main petition. Notice in the application.

Ms. Himani Arora, AAG, Punjab, accepts notice and has no objection, in case, the application is allowed. For the reasons stated in the application, the same is allowed and Section 408 IPC is ordered to be added in the Head Note as well as in the prayer clause of the main petition. The Registry is directed to carry out the necessary corrections. The applicant-petitioner is again directed to join the investigation on or before 05.09.2023 in view of order dated 10.08.2023."

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