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High Court of Punjab and HaryanaCRM-M/40738/2024allowed

Ishan Makkar v. State Of Punjab

2025-01-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 101+209 CRM-39308-2024 in/and CRM-M-40738-2024 Date of decision: January 10th, 2025 Ishan Makkar .....Petitioner

Versus

The State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Varun Goyal, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. Mr. M.S. Sachdev, Advocate for the applicant-complainant.

MANJARI NEHRU KAUL, J. (ORAL) CRM-39308-2024 Prayer in this application is for placing on record documents Annexures C-1 to C-13 and for exemption from filing the certified/true typed copies of the same.

Application is allowed subject to just exceptions. Documents Annexures C-1 to C-13 are taken on record. Exemption, as prayed for, is granted.

CRM-M-40738-2024 Petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No.180 dated 23.07.024 under Sections 341, 506, 384, 511 (Section 384 added later on) of the Indian Penal Code, 1860, registered at Police Station Navi Baradari, District Jalandhar. PUNEET SACHDEVA 2025.01.10 14:21 I attest to the accuracy and integrity of this document Chandigarh

CRM-39308-2024 in/and CRM-M-40738-2024 -22.

While issuing notice of motion on 22.08.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner, inter alia, contends that the FIR in question is a counterblast to a dispute, which was already pertaining to educational society which has been leased out previously to the complainant." .

3.

Thereafter, vide order dated 20.09.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation.

4.

Learned counsel for the petitioner submits that in compliance of order dated 20.09.2024, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions from ASI Palwinder Singh, 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. 6.

In view of the above, the petition is allowed and interim order dated 20.09.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

January 10th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.01.10 14:21 I attest to the accuracy and integrity of this document Chandigarh