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High Court of Punjab and HaryanaCRM-M/46386/2023allowed

Vijay Kumar v. State Of Punjab

2023-11-28Mr. Justice Sanjiv Berry2 pages

N.C. No.2023:PHHC:151079

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 101+205 CRM-M-46386-2023 (O&M) Date of decision: 28.11.2023 VIJAY KUMAR ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.A.S. Sekhon, Advocate for the petitioner.

Mr. Aditya Kapoor, AAG Punjab.

***** SANJIV BERRY. J. (Oral) CRM-49546-2023 1.

The instant application is filed for placing on record the amended petition under Section 438 CrPC, in compliance of the order dated 05.10.2023. 2.

Heard.

3.

Keeping in view the averments made in the application, same is allowed. Amended petition is ordered to be taken on record. CRM-M-46386-2023 1.

By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 05.08.2023 420, 170 IPC (465, 467, 468, 471 IPC added later on) Baghapurana, District Moga 2.

Learned counsel for the petitioner has submitted that in compliance to the orders dated 15.09.2023 and 05.10.2023 passed by this Court, the petitioner SANDAL SHARMA 2023.11.30 12:38 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:151079 CRM-M-46386-2023(O&M) -2has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from ASI Buta Singh has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation. 4.

Heard.

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the orders dated 15.09.2023 and 05.10.2023 passed by this Court, interim bail granted vide order dated 15.09.2023 and 05.10.2023 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. 6.

The petition stands allowed.

(SANJIV BERRY) JUDGE 28.11.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.11.30 12:38 I attest to the accuracy and authenticity of this order/judgment