Uttam Chand v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-64896-2024 Date of decision: February 13th, 2025 Uttam Chand .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Manuj Nagrath, Advocate for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.120 dated 22.10.2024 under Sections 305 and 331(4) of the BNS, 2023 registered at Police Station Division No.5, District Jalandhar.

2.

Vide order dated 20.12.2024 passed by a coordinate Bench, 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 submits that allegedly some unknown persons committed a theft of jewellary and Rs.22,000/- in cash from the house of the complainant. The petitioner is 87% physically disabled as his right upper limb and two fingers of left hand have been amputated. He has placed reliance on disability certificate (Annexure P-3. He further submits that there is a delay of 8 days in lodging the FIR and no other case is registered against the PUNEET SACHDEVA 2025.02.13 15:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-64896-2024 -2petitioner."

3.

Learned counsel for the petitioner submits that in compliance of order dated 20.12.2024, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Raj Masih, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 20.12.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

February 13th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.02.13 15:16 I attest to the accuracy and integrity of this document Chandigarh