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High Court of Punjab and HaryanaCRM-M/47481/2023allowed

Rahul Naib v. State Of Punjab

2023-10-10Mr. Justice Sanjiv Berry2 pages

N.C. No.2023:PHHC:131943

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 216/2 CRM-M-47481-2023 (O&M) Date of decision: 10.10.2023 RAHUL NAIB ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

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

Mr. Bhim Singh, Advocate for Mr. Rajiv Kumar Saini, Advocate for the petitioner. Mr. Anmol Singh Sandhu, AAG Punjab.

***** SANJIV BERRY. J. (Oral) 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 10.06.2023 307, 148, 149 of IPC;

25, 27 of the Arms Act Qila Lal Singh, District Batala 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 20.09.2023 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel has filed status report dated 26.09.2023 in the form of affidavit of Deputy Superintendent of Police, Sub Division Fatehgarh Churian, Police District Batala. The same is taken on record. He on instructions from ASI Rakesh Kumar has intimated that the petitioner has joined investigation SANDAL SHARMA 2023.10.13 17:46 I attest to the accuracy and authenticity of this order/judgment

CRM-M-47481-2023 (O&M) -2and is no more required for any custodial investigation in this case nor he is required for further investigation.

4.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 20.09.2023 passed by this Court, interim bail granted vide order dated 20.09.2023 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.

5.

The petition stands allowed.

(SANJIV BERRY) JUDGE 10.10.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.10.13 17:46 I attest to the accuracy and authenticity of this order/judgment