Birbal Singh v. State Of Punjab

CRM-M No. 55701 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 55701 of 2019 Date of Decision: 10.09.2021 Birbal Singh -Petitioner

Versus

State of Punjab -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Sandeep Singh Brar, Advocate, for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J. (Oral) At the very outset, it is noticed that in the 4th line of order dated 01.01.2020, word 'conviction' has been wrongly written in place of word 'confession'. Word 'confession' be read for all intents and purposes. Necessary correction be carried out accordingly.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.24 dated 12.02.2019 registered under Section 61 of Punjab Excise Act at Police Station Patran, District Patiala.

Petitioner has been nominated on the basis of extra judicial confession made by Jaswant Singh @ Jagga. Petitioner JYOTI YADAV 2021.09.10 16:59 I attest to the accuracy and integrity of this document

CRM-M No. 55701 of 2019 -2has not been named in the FIR. Petitioner is not the owner of the vehicle in question. The vehicle belongs to co-accused Rajbir Singh.

In pursuance of order dated 01.01.2020, petitioner has joined the investigation.

Learned State counsel on instructions from ASI Jaswinder Singh submits that the petitioner has joined the investigation on 15.01.2020, challan has been submitted on 06.02.2020 and charges have also been framed on 28.02.2020 and now the case is fixed for prosecution evidence. In view of above, order dated 01.01.2020 is hereby made absolute.

However, the petitioner shall keep on appearing before the trial Court regularly.

September 10, 2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE 1.Whether speaking/reasoned :

Yes/No 2.Whether reportable :

Yes/No JYOTI YADAV 2021.09.10 16:59 I attest to the accuracy and integrity of this document