High Court of Punjab and HaryanaCRM-M/43731/2022disposed of

Laljit Singh Bhullar And Others v. State Of Punjab

2022-12-07Mr. Justice Raj Mohan Singh3 pages

-1202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.12.2022 Laljit Singh Bhullar and others -Petitioners

Versus

State of Punjab -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Sumeet Goel, Sr. Advocate, with Mr. Samir Rathaur, Advocate, and Mr. Shivam Kaushik, Advocate, for the petitioners.

Mr. R.S. Pandher, Sr. D.A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners seek grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.271 dated 20.08.2020 under Sections 188, 269, 341, 342, 270, 283 IPC, under Section 51-B of Disaster Management Act and under Section 8B of National Highways Act, registered at Police Station Sadar Tarn Taran, Punjab and for quashing of order dated 26.08.2022 passed by the Additional Chief Judicial Magistrate, Tarn Taran whereby bail granted to the petitioner was cancelled and non-bailable warrants were issued. On 21.09.2022, following order was passed:- "This a petition under Section 482 read

-2with Section 438 Cr.P.C. for quashing of orders dated 26.08.2022 (Annexures P-2 and P-3) passed by Additional Chief Judicial Magistrate, Tarn Taran, cancelling the bails of the petitioners and also dismissing the prayer for exemption. The Court has also issued nonbailable warrants after cancelling the bails of the petitioners.

Learned senior counsel for the petitioners submits that petitioners are Ministers in Punjab Government and there was a cabinet meeting fixed on 26.08.2022. The agenda of the cabinet meeting was in respect of action plan for adoption and implementation of revamped distribution sector scheme launched by Ministry of Power, Government of India. The documentary details of the minutes of the meeting etc for the cabinet meeting dated 26.08.2022 were not produced before the Court of Sessions keeping in view the sacrosanct nature of documents including the requirement of maintaining confidentiality in respect of such proceedings.

Petitioners are ready to appear before the trial Court with a request to grant regular bail to them on the same terms and conditions as were imposed while granting them regular bail at earlier point of time.

Notice of motion.

Learned State counsel appears on the basis of advance notice and on instructions

-3from SI Raj Kumar submits that factum of scheduled meeting on 26.08.2022 has been verified and the same is found to be correct. Keeping in view the nature of allegations and the fact that the petitioners were earlier granted regular bail by the trial Court, I deem it appropriate to direct the petitioners to appear before the trial Court within a week. On doing so, they shall be granted interim bail to the satisfaction of the trial Court.

List on 02.11.2022."

Learned counsel for the petitioners submits that in compliance of the aforesaid order, the petitioners have already appeared before the trial Court within the time specified by this Court and have been granted interim bail to the satisfaction of the trial Court.

Learned State counsel on instructions from ASI Gurmeet Singh admits the aforesaid position.

In view of above, order dated 21.09.2022 is hereby made absolute.

However, the petitioners shall keep on appearing before the trial Court regularly in accordance with law. 07.12.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.Whether speaking/reasoned :

Yes/No 2.Whether reportable :

Yes/No