Sham Gir v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57478-2023 Date of Decision : 28.08.2024 Sham Gir

...Petitioner

Versus

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

Present:

Mr. Preetinder Singh Ahluwalia, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab.

Mr.

Sukhwinder Singh Kamboj, Advocate for the complainant.

*** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.81 dated 05.08.2023 under Sections 406, 420 of the Indian Penal Code, 1860, registered at Police Station Julkan, District Patiala.

2.

On 15.11.2023, while noticing the following submissions made by the learned counsel for the petitioner, the Coordinate Bench of this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner submitted that the petitioner is the father of the main accused and he has been implicated only by virtue of the fact that he is the father whereas he has got no connection with his POONAM RATHORE 2024.08.29 14:35 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-57478-2023 -2son and he has already disowned him long time ago. He further submitted that in similar circumstances, another FIR was also lodged and the petitioner was nominated and vide Annexure P-5, he has been granted interim anticipatory bail by this Court." 3.

Learned counsel for the petitioner submits that in compliance of order dated 15.11.2023, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 15.11.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. (MANJARI NEHRU KAUL) August 28, 2024 JUDGE poonam Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No POONAM RATHORE 2024.08.29 14:35 I attest to the accuracy and authenticity of this document High Court Chandigarh