Singh Omkar 2013.07.15 09:34 I attest to the accuracy and CRM not M-6511 o”
1. integrity of this document IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.
Misc.
not M- 6511 of 2013(O&M) Date of Decision: July 11, 2013.
Gopal Krishan .....PETITIONER(s) Versus State of Punjab .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Rakesh Gupta, Advocate for Mr.Vikram Singh, Advocate, for the petitioner.
MRS.SiMs.Dhir Malhotra, DAG, Punjab.
***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.67 dated 14.08.2012, under Sections 9/13/17/18/23 of the Insecticide Act, 1968 and Section 420 IPC, registered at police station Tappa Manda, District Barnala.
This Court while issuing notice of motion on 06.03.2013 passed the following order:- “Crl.M.No.13684 of 2013 Requests for placing on record copy of order dated 6.9.2012 passed by learned Additional Sessions Judge, Barnala.
Singh Omkar 2013.07.15 09:34 I attest to the accuracy and CRM not M-6511 o”
2. integrity of this document The same is taken on record subject to all just exceptions.
Application stands disposed of accordingly.
Crl.M.No.12454 of 2013 Application is allowed subject to all just exceptions.
Crl.M.not M-6511 of 2013 Perusal of file shows that bail was granted to petitioner vide order dated 6.9.2012 be learned Additional Sessions Judge, Barnala, however, he was not allowed to join the investigation and, hence, anticipatory bail granted to petitioner-accused vide order dated 6.9.2012 was cancelled vide impugned order.
It is further stated in the petition that petitioner is ready to join the investigation.
Notice of motion to Advocate General, Punjab, for 3.4.2013.
In the meantime, petitioner is directed to join the investigation on 21.3.2013 and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”
It has been contended by learned counsel for respondent-State that petitioner has not joined the investigation despite taking 2/3 opportunities.
On the last date of hearing, learned counsel for the petitioner sought time for petitioner to join the investigation.
Despite that he has not joined the investigation.
It has been stated by learned counsel for the petitioner that he is having no instruction as to why petitioner has not joined the investigation.
Hence, in view of these facts, when petitioner is not cooperating in the investigation and not joined the investigation even in compliance of Singh Omkar 2013.07.15 09:34 I attest to the accuracy and CRM not M-6511 o”
3. integrity of this document order of this Court, he is not entitled for extra-ordinary relief of anticipatory bail.
Without expressing any opinion on the merits of the case, the present petition filed by Gopal Krishan for anticipatory bail is, hereby, dismissed being devoid of merit.
Interim order dated 06.03.2013 passed in favour of petitioner is vacated.
( RAM CHAND GUPTA ) July 11, 2013.
JUDGE ‘om’