Kaka Singh v. State Of Punjab

CRM-M No.54711 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.54711 of 2018 Decided on: 05.02.2019 Kaka Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Vikram Singh, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.126 dated 23.10.2018, registered under Sections 61 of the Excise Act and 420, 120-B IPC at Police Station Sirhind, District Fatehgarh Sahib.

The operative part of the order dated 11.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner relies upon order dated 29.11.2018 passed in CRM-M-52531-2018, in which, co-accused Karamjit Singh has been granted concession of interim anticipatory bail. The operative part of the order reads as under:

"Learned counsel for the petitioner submits that as per the allegations in the FIR, the petitioner along with coaccused Kaka Singh are involved in selling liquor, meant for sale in Arunachal Pradesh. MOHD YAKUB 2019.02.05 16:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.54711 of 2018 Learned counsel for the petitioner further submits that in pursuance to the registration of the FIR, the police has found a canter parked near the Naka, laid by the police party, and thereafter, on the search of the same, the liquor, meant for sale in Arunchal Pradesh, was recovered. Learned counsel for the petitioner further submits that petitioner is not involved in any other case and he is not the registered owner of the said canter and since the recovery has already been effected, the petitioner is not required for custodial investigation. It is also submitted that petitioner was not present at the spot and he is ready to join investigation. Notice of motion for 05.02.2019."

Notice of motion for 05.02.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 11.12.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Sahib Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 11.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 05.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.05 16:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh