“heard. Vs. the State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154961
CourtPunjab and Haryana High Court
Decided OnJul-09-2014
Appellant“heard.
RespondentThe State of Punjab
Excerpt:
crm no.m-15077 of 2014 1 in the high court of punjab and haryana at chandigarh crm no.m-15077 of 2014. date of decision : 09.07.2014. satish mohan ...petitioner versus the state of punjab ...respondent coram:- hon'ble mr.justice tejinder singh dhindsa. present: mr.parshotam lal singla, advocate for the petitioner. mr.vaibhav sharma, deputy advocate general, punjab. *** tejinder singh dhindsa, j. (oral) this order shall dispose of the instant petition preferred under section 438 cr.p.c.seeking the concession of anticipatory bail to the petitioner during pendency of trial in case fir no.72 dated 29.9.2013 under section 409 ipc, registered at police station city banga, district sbs nagar. on 08.05.2014, while issuing notice of motion, following order was passed by this court :- “heard. notice of motion. on the asking of the court, mr.k.s.sidhu, learned dag, punjab accepts notice on behalf of the respondent- state. a complete copy of the petition has been furnished to learned state counsel. list on 09.07.2014. in the meanwhile, petitioner is directed to join investigation and to appear before the investigating officer on 14.05.2014 at 11 a.m.in the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the kanchan arresting officer/ investigating officer. the petitioner 2014.07.09 17:19 i attest to the accuracy and integrity of this document chandigarh crm no.m-15077 of 2014 2 shall join investigation as and when called upon to do so and he shall remain bound by the conditions as envisaged under section 438(2) cr.p.c.”. learned state counsel upon instructions from si gurdial singh would apprise the court that the petitioner has since joined investigation. that apart, a perusal of the fir would reveal that the allegations were primarily against co-accused mohinder singh as regards mis-appropriation of govt. wheat stock. insofar as the present petitioner is concerned, he has been implicated during the cours.of investigation on the basis that such mis-appropriated wheat stock has further been sold to him. it has gone unrebutted that main accused mohinder singh has been granted the benefit of regular bail by this court in the light of order dated 08.05.2014 passed in crm no.m-43478 of 2013. in the totality of circumstances and keeping in view the fact that the petitioner has already joined investigation, custodial interrogation would not be warranted. accordingly, the present petition is allowed and the order dated 08.05.2014 passed by this court is made absolute. petition disposed of. july 09, 2014. (tejinder singh dhindsa) kanchan judge kanchan 2014.07.09 17:19 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-15077 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-15077 of 2014.

Date of Decision : 09.07.2014.

Satish Mohan ...Petitioner Versus The State of Punjab ...Respondent CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.Parshotam Lal Singla, Advocate for the petitioner.

Mr.Vaibhav Sharma, Deputy Advocate General, Punjab.

*** Tejinder Singh Dhindsa, J.

(Oral) This order shall dispose of the instant petition preferred under Section 438 Cr.P.C.seeking the concession of anticipatory bail to the petitioner during pendency of trial in case FIR No.72 dated 29.9.2013 under Section 409 IPC, registered at Police Station City Banga, District SBS Nagar.

On 08.05.2014, while issuing notice of motion, following order was passed by this Court :- “Heard.

Notice of motion.

On the asking of the Court, Mr.K.S.Sidhu, learned DAG, Punjab accepts notice on behalf of the respondent- State.

A complete copy of the petition has been furnished to learned State counsel.

List on 09.07.2014.

In the meanwhile, petitioner is directed to join investigation and to appear before the Investigating Officer on 14.05.2014 at 11 A.M.In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Kanchan Arresting Officer/ Investigating Officer.

The petitioner 2014.07.09 17:19 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-15077 of 2014 2 shall join investigation as and when called upon to do so and he shall remain bound by the conditions as envisaged under Section 438(2) Cr.P.C.”

.

Learned State counsel upon instructions from SI Gurdial Singh would apprise the Court that the petitioner has since joined investigation.

That apart, a perusal of the FIR would reveal that the allegations were primarily against co-accused Mohinder Singh as regards mis-appropriation of Govt.

wheat stock.

Insofar as the present petitioner is concerned, he has been implicated during the couRs.of investigation on the basis that such mis-appropriated wheat stock has further been sold to him.

It has gone unrebutted that main accused Mohinder Singh has been granted the benefit of regular bail by this Court in the light of order dated 08.05.2014 passed in CRM No.M-43478 of 2013.

In the totality of circumstances and keeping in view the fact that the petitioner has already joined investigation, custodial interrogation would not be warranted.

Accordingly, the present petition is allowed and the order dated 08.05.2014 passed by this Court is made absolute.

Petition disposed of.

July 09, 2014.

(TEJINDER SINGH DHINDSA) kanchan JUDGE Kanchan 2014.07.09 17:19 I attest to the accuracy and integrity of this document Chandigarh