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High Court of Punjab and HaryanaCRM-M/64561/2023allowed

Jagdev Singh Buttar v. State Of Punjab

2024-04-03Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2024:PHHC:044591 CRM-M-64561-2023 Date of decision: April 3rd, 2024 Jagdev Singh Buttar .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

None for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.46 dated 07.03.2023 under Section 306 of the Indian Penal Code, 1860, registered at Police Station Bhawanigarh, District Sangrur. 2.

Vide order dated 21.12.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner, inter alia, contends that a false and fabricated case has been planted upon the petitioner; a bare perusal of the allegations levelled in the FIR, do not in any manner, reveal the invocation of the ingredients of Section 306/107 of the IPC. It has been further submitted that it was on account of passions running high, the FIR in question came to be registered by the widow of the deceased, however, subsequently when better sense prevailed upon her, she withdrew the allegations levelled against the petitioner." 3.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with PUNEET SACHDEVA 2024.04.03 16:38 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-64561-2023 -2the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation.

4.

In view of the above, the petition is allowed and interim order dated 21.12.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

April 3rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.04.03 16:38 I attest to the accuracy and integrity of this document Chandigarh