Khushvinder Kumar v. State Of Punjab

CRM-M-61426-2023 2024:PHHC:006450

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-61426-2023 Decided on: 18.01.2024 Khushvinder Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Vinod Ghai, Sr. Advocate with Mr. Arnav Ghai, Advocate and Mr. Amritpal Singh Maan, Advocate for the petitioner. Mr. Shiva Khurmi, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 23.02.2023 Vigilance Bureau (Economic Wing), Ludhiana 7 of Prevention of Corruption Act 1988 (Section 120-B IPC added later on) 1.

The petitioner apprehending arrest in the FIR captioned above, had come up before this Court under Section 438 CrPC seeking anticipatory bail by filing the present petition.

2.

Vide order dated 06.12.2023, the petitioner was granted interim bail, which is continuing till date. On 10.01.2024, this Court had extended the interim subject to declaration of assets by the petitioner.

3.

Petitioner's counsel submits that in compliance to the order dated 10.01.2024, they had voluntarily declared their assets and they would not claim such declaration as self incrimination, violation of Article 20/21 of Constitution of India or Indian Evidence Act or any other fundamental right/law.

4.

State counsel does not dispute the contention made by counsel for the petitioner, however opposes the bail.

5.

The petitioner was granted interim protection, and during the interregnum, there is no allegation that he had intimidated the witnesses or that he had hampered the investigation, or despite being called to join the investigation, he did not appear before ANJU RANI 2024.01.19 16:41 I attest to the accuracy and integrity of this document

CRM-M-61426-2023 2024:PHHC:006450 the investigator. Given the above, there would be no justification to discontinue the interim protection, and the same is made absolute subject to the petitioner complying with the terms of the bail order.

6.

Given above, petition is allowed and interim order dated 06.12.2023 is made absolute. Pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 18.01.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.01.19 16:41 I attest to the accuracy and integrity of this document