Ramesh Kumar Sharda And ORS v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.41816 of 2022 Date of Decision: 09.12.2022 RAMESH KUMAR SHARDA AND ORS ......Petitioners Vs STATE OF PUNJAB AND ORS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Jeevan Gutam, Advocate and Mr. Viren Sibal, Advocate for the petitioners.

Mr. Sanjeev Soni, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) The petitioners seek grant of anticipatory bail in case bearing FIR No.0203 dated 02.08.2022 registered under Sections 409, 420, 120-B IPC (Sections 467, 468 and 471 IPC added later on) at Police Station City Division No.8, District Police Commissionerate, Jalandhar (Punjab).

On 15.09.2022, following order was passed by this Court:- "Status report by way of affidavit of Mohit Kumar Singla, PPS, Assistant Commissioner of Police (North), Jalandhar has been filed in Court and the same is taken on record.

As per conclusion report drawn by the Inquiry Officer, the site was shown by Kuldeep Sharda. At the first site, lintel of 27 feet x 24 feet x 9 inch was found under construction. At the second site i.e. back of Ram Mandir Thapra Bagichi, foundation of walls with mud construction and new lentil of 25 feet x 12 feet were found in place. Learned counsel for the petitioner submits that in these days of soaring prices, for a paltry amount of Rs.10 lacs, even this construction is not possible to be carried out even by a contractor of ordinary means and prudence. Notice of motion for 04.11.2022.

Till the next date of hearing, petitioners are directed to appear before the Investigating/Arresting Officer on 21.09.2022 at 11.00 A.M. In the event of their arrest, they shall be enlarged on interim bail subject to their furnishing adequate bail bonds/surety bonds to the satisfaction of the Investigating/Arresting Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

All pleas are left open to be argued on the next date of hearing."

Thereafter on 04.11.2022, the petitioners were again directed to join the investigation on 09.11.2022 and co-operate in the investigation.

Today, learned State counsel on instructions from ASI Kulwinder Singh submits that the petitioners have joined the investigation to the entire satisfaction of the Investigating Officer and their presence is no more required for further investigation of the case.

In the very nature of the allegations, I deem it appropriate to confirm the interim orders dated 15.09.2022 and

04.11.2022. However, the petitioners shall keep on joining the investigation as and when required to do so and they shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of.

(RAJ MOHAN SINGH) December 09, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No