Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-15470 of 2014 (O&M) Date of Decision: 08.07.2014.
Mathura Dass & others --Petitioners Versus State of Punjab --Respondent CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr.Prashant Bansal, Advocate for the petitioneRs.Mr.Vaibhav Sharma, D.A.G., Punjab.
*** TEJINDER SINGH DHINDSA.J CRM No.19763 of 2014 Application is dismissed as not pressed.
CRM No.M-15470 of 2014 This order shall dispose of the present petition filed under Section 438 Cr.P.C praying for the grant of anticipatory bail to the petitioners in case F.I.R.No.26 dated 4.4.2014 under sections 456, 506, 34 I.P.C, registered at Police Station, Kheri Gandian, District Patiala.
On 7.5.2014, while issuing notice of motion, the following order was passed by this Court:- “Counsel would contend that the complainant in the present case namely Harjit Kaur had earlier got registered F.I.R No.5 dated 18.1.2014 under sections 452, 354-A, 323, 380, 411 and 506 I.P.C registered at Police Station, Kheri Gandian, District Patiala against present petitioner no.1 namely Mathura Dass and in which the Additional Sessions Judge, Patiala in the light of order dated 21.1.2014 had granted the benefit of regular bail.
It is contended that the present F.I.R has been lodged only to implicate petitioner no.1 Lucky 2014.07.09 10:07 yet again along with his family members i.e petitioner no.2 I attest to the accuracy and integrity of this document chandigarh CRM No.M-15470 of 2014 (O&M) -2- Darshan Singh and petitioner no.3 Naresh Kumar.
Notice of motion, returnable for 8.7.2014.
In the meantime, petitioners are directed to join investigation and to appear before the I.O on 13.5.2014 at 10 A.M.In the event of arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer.
The petitioners shall join investigation as and when called upon to do so and they shall remain bound by the conditions envisaged under Section 438 (2) Cr.P.C.”
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Learned State counsel upon instructions from ASI Swaran Singh would apprise the Court that in pursuance to the investigation conducted by the police, the allegations qua petitioners no.2 and 3 have been found to be false.
State counsel would submit that it is only petitioner no.1 namely Mathura Dass, against whom the allegations have been found to be true.
Be that as it may, it has been stated that all the three petitioners have otherwise joined investigation.
In the considered view of this Court, custodial interrogation of the petitioneRs.as such, would not be warranted.
Accordingly, the present petition is allowed.
The order dated 7.5.2014, passed by this Court, is made absolute.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE July 08, 2014.
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