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Punjab-Haryana High Court

Gian Dev vs State Of Punjab on 21 November, 2019

Author: Mahabir Singh Sindhu

Bench: Mahabir Singh Sindhu

CRM-M-20546 of 2019                                               -1-

203
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                CRM-M-20546 of 2019
                                Date of decision: November 21, 2019

Gian Dev
                                                                  .....Petitioner
                                   Versus
State of Punjab
                                                                .....Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:    Mr. G.S. Manku, Advocate for the petitioner.

            Mr. H.S. Multani, AAG Punjab.

                                    *****

MAHABIR SINGH SINDHU, J Present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to petitioner, in FIR No.54 dated 25.03.2019, under Sections 307, 341, 323, 324, 148, 149 of the Indian Penal Code, 1860, registered at Police Station City Kapurthala, District Kapurthala.

On 27.05.2019, this Court has passed the following order:-

"Learned State Counsel seeks time to verify the factum of 28 days' delay in registration of the FIR.
Adjourned to 09.08.2019 for further consideration. In the meanwhile, the petitioner is directed to join the investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail in the present case till the next date of hearing on his furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide 1 of 2 ::: Downloaded on - 08-12-2019 11:17:35 ::: CRM-M-20546 of 2019 -2- by all the conditions as envisaged under Section 438(2) Cr.P.C."

Learned State counsel, on instructions from ASI Kewal Singh, has stated that in terms of order dated 27.05.2019, the petitioner has joined investigation and his custodial interrogation is not required.

In view of the above, order dated 27.05.2019 granting interim bail to the petitioner, is made absolute, subject to the provisions of Section 438(2) Cr. P.C. Petition stands disposed off, accordingly. However, it is made clear that the petitioner shall fully co- operate with the Investigating Officer as and when called for further investigation.

The above observations may not be construed as an expression of opinion on the merits of the case.

(MAHABIR SINGH SINDHU) JUDGE November 21, 2019 mahavir Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 08-12-2019 11:17:35 :::