High Court of Punjab and HaryanaCRM-M/48467/2022allowed

Davinder Kumar @ Lucky @ Davinder Arora v. State Of Punjab

2023-04-17Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-48467-2022 -12023:PHHC:052573

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48467-2022 Decided on : 17.04.2023 Davinder Kumar @ Lucky @ Davinder Arora ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Sandeep Kumar, Advocate for the petitioner.

Mr. Ramdeep Pratap Singh, Sr. DAG, Punjab.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No.47 dated 05.09.2022 registered under Sections 306 IPC at Police Station Dhilwan, District Kapurthala.

Learned counsel for the petitioner submits that on the face of it, it is a case of false implication and it is a matter of record that the deceased Gurdeep Singh, who was the employee of the petitioner, had been suffering from depression, which fact was stated by none other than the father of the deceased himself. He further submits that even otherwise, a perusal of the FIR in question clearly reveals that essential ingredients to attract the mischief of Section 306 and 107 IPC are clearly amiss in the case in hand. SONIA BURA 2023.04.17 16:27 I attest to the accuracy and integrity of this document

CRM-M-48467-2022 -22023:PHHC:052573 Learned counsel for the petitioner submits that in compliance of order dated 31.10.2022 passed by this Court, the petitioner has joined the investigation and cooperated with the investigating agency. Learned State counsel on instructions does not dispute the submissions made by counsel for the petitioner. He on further instructions states that the petitioner is no longer required for custodial interrogation. In view of the above, the petition is allowed and interim order dated 31.10.2022, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE 17.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.17 16:27 I attest to the accuracy and integrity of this document