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Punjab-Haryana High Court

Kulwant Singh And Anr vs State Of Punjab on 16 March, 2021

Author: Jaishree Thakur

Bench: Jaishree Thakur

CRM-M-34786-2020                                                              -1-



    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                          (Heard through VC)

                                          CRM-M-34786 of 2020 (O&M)
                                          Date of Decision: March 16, 2021

Kulwant Singh and another

                                                                   ...Petitioners

                                        Versus

State of Punjab

                                                                  ...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-    Mr. G.S. Saini, Advocate
             for the petitioners.

             Ms. Bhavna Gupta, DAG Punjab.

                                    ********

JAISHREE THAKUR, J. (Oral)

The instant petition has been filed under Section 438 of Cr.P.C., for grant of anticipatory bail to the petitioners in the event of arrest in FIR No.10 dated 13.02.2018, under Section 379 of Indian Penal Code and Section 21 of Mines and Minerals (Development and Regulation) Act, registered at Police Station Mallan Wala, District Ferozepur.

Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case and on the direction of this Court, have joined the investigation. It is also contended that nothing is to be recovered from them.

Learned State counsel, on instructions from ASI Kulbir Singh, 1 of 2 ::: Downloaded on - 17-03-2021 02:37:28 ::: CRM-M-34786-2020 -2- submits that petitioners have joined the investigation and they are not required for the custodial interrogation.

In view of the facts that the petitioners are not required for custodial interrogation and have joined the investigation, without commenting on the merits of the case, the petition is allowed and order dated 30.10.2020 granting interim bail to the petitioners is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)

(ii) and (iii) of the Code of Criminal Procedure.




                                                (JAISHREE THAKUR)
March 16, 2021                                        JUDGE
vijay saini




Whether speaking/reasoned                              Yes
Whether reportable                                     Yes/No




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              ::: Downloaded on - 17-03-2021 02:37:28 :::