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High Court of Punjab and HaryanaCRM-M/60049/2023allowed

Anmol And ANR v. State Of Punjab

2024-04-15Mr. Justice Kuldeep Tiwari3 pages

        

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/1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners have sought the concession of anticipatory bail, in case FIR No.203 dated 09.11.2023, under Sections 341/379-B/506/34 of the IPC, registered at P.S. Sadar Jalandhar, District Jalandhar.

2. The allegations, based whereupon the FIR (supra) was registered and which are recorded in paragraph No.2 of the order dated 20.11.2023, passed by the learned Additional Sessions Judge, Jalandhar, whereby, relief of anticipatory bail was declined to the petitioners, are extracted hereinafter:- "...complainant Rohit son of Stephen has got registered the case with the allegations that on 06.11.2023, he has demanded Creta vehicle of his friend namely Sunny son of



Rakesh bearing registration No. PB-08-FC-0058 and going at about 11:30 AM for his personal work. When complainant reached near village Chettewani towards village Dheena to return vehicle, then at about 5:00 PM in the area of village Pholriwal, Emannual alias Dodi son of Wilson gave signal to stop the vehicle and complainant stopped the vehicle. Emannual alias Dodi was accompanied by Ravi son of Roop Lal, Anmol son of Vijay Kumar of residents of village Dheena and Kelly resident of village Sansarpur armed with sharp edged weapons came there and dragged complainant out of the vehicle and given threats and ultimately he was thrown out of the vehicle and the vehicle was snatched by these persons. After snatching the vehicle, Emannual alias Dodi ran away in the vehicle, whereas his remaining friend also went in another vehicle Indica Car bearing No. PB-08-9194..." 3.

Notice of motion for 17.01.2024.

4.

Mr. Karunesh Kaushal, A.A.G, Punjab, accepts notice on behalf of respondent-State of Punjab. 5.

Mr. G.S. Ghuman, Advocate, records his appearance on behalf of the complainant, under a memorandum of appearance, instituted before this Court today, and, as prayed for, he is permitted to file a validly executed Vakalatnama in his favour by the complainant, on or before the subsequent date of hearing.

6.

In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C.

7.

On the subsequent date of hearing, the learned State

counsel is directed to file a specific reply, detailing therein, the investigation conducted, as on date, by the investigating agency for ascertaining the veracity behind allegations of snatching of the car, besides it shall also disclose as to in whose possession the said car actually is. ,  0"'  

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