High Court of Punjab and HaryanaCRM-M/45633/2021disposed of

Lakhvir Singh Lakha v. State Of Punjab And Another

2022-02-08Mr. Justice Raj Mohan Singh3 pages

101+202

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45633-2021 (O&M) Date of Decision:-08.02.2022 Lakhvir Singh Lakha

...Petitioner

Versus

State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Kuldeep Singh Saini, Advocate, for the petitioner.

Mr. Hittan Nehra, Addl. A.G., Punjab.

***** RAJ MOHAN SINGH, J .(Oral) The case has been taken up for hearing through video-conferencing.

Petitioner seeks anticipatory bail in his 2nd attempt. On 15.11.2021, following order was passed.

"Learned counsel for the petitioner submits that CRM-M No.43357 of 2021 was got dismissed as withdrawn on 13.10.2021 with liberty to file fresh petition with better particulars. On that very date, a compromise was effected between the parties and now, the complainant does not wish to proceed against the accused-

CWP-2297-2022 (O&M) -2petitioner. Copy of compromise dated 13.10.2021 has been attached as Annexure P-3 with this petition.

Notice of motion for 12.01.2022.

Mr. N.S. Dandiwal, Advocate appears on behalf of the complainant namely Daler Singh and admits the factum of compromise.

Learned State counsel seeks time to verify the factum of compromise.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 26.11.2021 at 11:00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer.

However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date."

Thereafter the case was taken up on 12.01.2022 and learned State counsel pointed out that there was no compromise with the real complainant, who was owner of JCB battery. JCB battery was owned by one Azad Khan. By way of CRM No.2905 of 2022, petitioner seeks to place on record the compromise.

CWP-2297-2022 (O&M) -3Copy of compromise is signed by Azad Khan as well. Learned State counsel submits that in pursuance of order dated 15.11.2021, the petitioner has joined the investigation but battery is still to be recovered. Since, the owner of the battery namely, Azad Khad has entered into a compromise with the petitioner, therefore, I deem it appropriate to confirm the order dated 15.11.2021. However, petitioner shall keep on joining the investigation as and when required to do so by the Investigating Officer. Disposed of.

08.02.2022 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No