Bhal Chand And Others v. State Of Punjab Through Sho

2024:PHHC:025806 [202]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57538-2022 Date of Decision : 26.02.2024 Bhal Chand and others

...Petitioners

versus State of Punjab through its SHO, P.S.

Sadar Kharar, District Mohali ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Rohit Sapehiya, Advocate for the petitioners. Mr. Sahil R. Bakshi, DAG, Punjab.

*** DEEPAK GUPTA, J. (ORAL) [1] On 11.01.2024, the following order was passed by this Court:- " Present:

Mr. Rohit Sapehiya, Advocate for the petitioners. Mr. Karunesh Kaushal, AAG, Punjab.

**** By way of this petition filed under Section 438 Cr.P.C., prayer is made to quash FIR No.260 dated 07.11.2021 registered at Police Station Sadar Kharar, District Mohali under Sections 452, 323, 506, 120B, 34 of the IPC (Section 307 of the IPC added later on) and all the subsequent proceedings arising therefrom.

It is contended by learned counsel that alleged occurrence took place on 04.11.2021 and FIR was lodged under Sections 323, 506, 120-B, 34 of the IPC besides Section 452 of the IPC. Petitioners were allowed bail. However, after a gap of more than 11 months, Section 307 of the IPC has been added and now petitioners are sought to be arrested. Notice of motion.

Ms. Kanica Sachdeva, AAG, Punjab accepts notice on behalf of respondent- State.

Adjourned to 26.02.2024.

In the meantime, in case of arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. However, it is directed that the petitioners shall join the investigation as and when so required by the Investigating RAJNEESH SHARMA 2024.02.26 05:10 I attest to the accuracy and integrity of this document

2024:PHHC:025806 CRM-M-57538-2022 -2Officer. They shall not contact any person associated with the case to dissuade him from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. They shall further comply with the conditions stipulated in Section 438(2) Cr.P.C." [2] Today, learned State Counsel, has informed this Court that the petitioner has joined the investigation, in compliance of the order dated 11.01.2024 and is no longer required for further investigation. [3] In view of the aforesaid, the order dated 11.01.2024, whereby the petitioner was granted interim anticipatory bail, is hereby made absolute. However, he shall continue to join investigation, if and so required by the Investigating Officer.

[4] Disposed of.

(DEEPAK GUPTA) JUDGE 26.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.26 05:10 I attest to the accuracy and integrity of this document