High Court of Punjab and HaryanaCRM-M/49818/2023allowed

Surjit Singh v. State Of Punjab

2023-12-01Mr. Justice Kuldeep Tiwari2 pages

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# The present petition has been filed under Section 438 Cr. P.Cfor grant of pre-arrest bail to the petitioner in case FIR No.125 dated 03.09.2023, registered under Section 306 IPC at Police Station Kot Ise Khan, District Moga.

Learned counsel contends that the petitioner is 84 years old, who had lent money to the deceased and a pronote was executed, which was not returned, however, the same was subject matter of civil suit that was filed on 17.05.2023 and cannot be said to have proximity to the alleged incident. Furthermore, there is a delay of 20 hours in lodging the FIR. The ingredients of Section 107/306 IPC are not made out. The petitioner is not involved in any other case and is ready and willing to join the investigation as and when required by the investigating agency and will cooperate.

Notice of motion.

At the asking of the Court, Ms. Himani Arora, AAG, Punjab accepts notice on behalf of respondent-State. Adjourned to 28.11.2023.

Meanwhile, the petitioner is directed to join the investigation on or before 20.10.2023. In the event of his arrest, he shall be released on MONIKA RANI 2023.12.01 16:25 I attest to the accuracy and integrity of this document

2023:PHHC:152953 interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C. However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated."

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MONIKA RANI 2023.12.01 16:25 I attest to the accuracy and integrity of this document