High Court of Punjab and HaryanaCRM-M/54715/2018allowed

Jagtar Singh v. State Of Punjab And ANR

2019-01-30Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.54715 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.54715 of 2018 Decided on: 30.01.2019 Jagtar Singh ....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. D.S. Gandhi, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

Mr. R.S. Sidhu, Advocate for Mr. G.S. Nahel, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in criminal complaint bearing No.COMI-38 dated 06.09.2014 (Annexure P1) registered under Sections 300/302/201/328/34 of the Indian Penal Code (in short 'IPC') filed before the Sub-Divisional Judicial Magistrate, Moonak, District Sangrur.

The operative part of the order dated 10.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that in the police inquiry, the petitioner was found to be innocent and later on, after a period of one and a half years, the present complaint was filed on 06.09.2014 (Annexure P-1).

MOHD YAKUB 2019.01.30 16:00 I attest to the accuracy and integrity of this document

CRM-M No.54715 of 2018 Learned counsel for the petitioner submits that there is no direct allegation against the petitioner and he is ready to appear before the trial Court and apply for bail. Notice of motion for 15.01.2019...."

Counsel for the petitioner has placed on record the photocopy of the order dated 13.12.2018, vide which the petitioner appeared before the trial Court and was released on bail. It is further submitted that the petitioner is facing the trial. Counsel for the State, on instructions from the Investigating Officer, has not disputed the aforesaid fact. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 10.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 30.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.30 16:00 I attest to the accuracy and integrity of this document