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High Court of Punjab and HaryanaCRM-M/40935/2024allowed

Malkiat Singh v. State Of Punjab

2024-11-29Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 207/2 CRM-M-40935-2024 Date of decision: November 29th, 2024 Malkiat Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Nandan Jindal, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.157 dated 26.07.2024 under Sections 316(5), 61(2) of the BNS, 2023, registered at Police Station City Kotkapura, District Faridkot. 2.

Vide order dated 23.08.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel inter alia contends that both the petitioners were employed as Security Guards at the main gate of PSPCL; their duty was only restricted to check the gate passes issued for the exit of the vehicles from the godown concerned. It has been submitted that in the circumstances, the petitioners could not be linked in any manner with the alleged misappropriation of the scrap which had been allegedly removed from the godown by the Store Keeper as well as the Store Incharge.".

3.

Learned counsel for the petitioner submits that in compliance of order dated 23.08.2024, the petitioner has joined investigation and cooperated with the investigating agency. PUNEET SACHDEVA 2024.11.29 14:29 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-40935-2024 -24.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 23.08.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

November 29th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.11.29 14:29 I attest to the accuracy and integrity of this document Chandigarh