Yogesh Kumar v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.38166 of 2019 (O&M) Date of Decision:- 27.01.2020 Yogesh Kumar

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Umesh Aggarwal, Advocate for the petitioner.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

***** RAJ MOHAN SINGH, J .(Oral) The petitioner seeks grant of anticipatory bail in case bearing FIR No.142 dated 14.05.2018, registered under Sections 353, 186, 427, 506 and 149 of IPC at Police Station 'A' Division, Amritsar.

Offence under Section 353 IPC is an aggravated form of offence under Section 186 IPC which is non-cognizable in nature, other offences are also non-cognizable.

-2On 09.09.2019, the following order was passed:- "It is contended by counsel for the petitioner that the case against the petitioner is totally concocted. Still further, it is submitted that before removal of any alleged illegal projection, the petitioner was not given any notice by the complainant or by the Municipal Corporation. There exists no order of any demolition as such. Therefore, there is no question of the complainant coming to the house of the petitioner foreffecting any demolition. Still further, it is submitted that nothing is to be recovered in this case.

Notice of motion for 27.01.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upo n to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C." Learned State counsel on instructions from ASI Jaspal Singh states that the petitioner has joined the investigation and he is no more required for any further investigation of the case. In view of the statement made by learned State counsel, order dated 09.09.2019 passed by the Coordinate

-3Bench is made absolute, however petitioner shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Petition stands disposed of.

27.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No