Punjab-Haryana High Court
Rahul Rai Sandhu @ Raul Sandhu vs State Of Punjab on 3 August, 2023
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2023:PHHC:099980
2023: PHHC: 099980
201
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.37774 of 2022
Date of decision: 3rd August, 2023
Rahul Rai Sandhu @ Raul Sandhu
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Sahil Kaundal, Advocate for
Mr. Naresh Kumar, Advocate for the petitioner.
Mr. H.S. Sullar, Sr. Deputy Advocate General, Punjab
for the respondent/State.
MANJARI NEHRU KAUL, J. (ORAL)
1. The petitioner is seeking the concession of bail under Section 438 Cr.P.C. in case FIR No.140 dated 28.07.2022 registered under Sections 160, 336, 307, 148, 149 IPC and Sections 25, 27, 54, 59 of the Arms Act, 1959 at Police Station Mahilpur, District Hoshiarpur.
2. On 25.08.2022, while noticing the following submissions made by learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation.
"Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in this case as he has not committed any offence as alleged. No specific role has been attributed to the petitioner. Only general allegations have been levelled against the 1 of 2 ::: Downloaded on - 04-08-2023 07:21:15 ::: Neutral Citation No:=2023:PHHC:099980 CRM-M No.37774 of 2022 2023: PHHC: 099980 2 petitioner. Petitioner is not involved in any other criminal case. He is ready and willing to join the investigation."
3. Learned counsel for the petitioner submits that in compliance of the order dated 25.08.2022, the petitioner has joined investigation and cooperated with the investigating agency.
4. Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions submits that the weapon of offence stands recovered, hence, the petitioner is not required for further investigation much less for his custodial interrogation.
5. In the circumstances, the petition is allowed and the interim order dated 25.08.2022 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. Needless to say, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the bail granted to him.
(MANJARI NEHRU KAUL)
JUDGE
August 3, 2023
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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