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Anmoljit Singh @ Anmolpreet Singh vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 3 September 2019 · Citation: (2019) 09 P&H CK 0036

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 336, 506 · Arms Act, 1959 — Section 25, 27 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 22821 Of 2019 (O&M)
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Judgment

12 paragraphs · 406 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No. 36 dated 02.03.2019, registered under Sections 336, 506, 34 of the <li>Indian Penal Code, 1860 &mdash; Section </li> and Sections 25 and 27 of the Arms Act, 1959 at Police Station Chheharta, Police Commissionerate Amritsar, District Amritsar.

The operative part of the order dated 20.05.2019, vide which the petitioner has been granted interim bail, is reproduced below:

"It is stated that earlier a petition for anticipatory bail had been filed which had been disposed of by order Annexure P-3. The operative part of which is as follows :-"In the circumstances, this petition is disposed of with a direction that the petitioner shall appear before the Investigating Officer on 06.04.2019 at 10.00 am. The Investigating Officer shall give him interim bail subject to the conditions envisaged under Section 438(2) Cr.P.C. In case the petitioner is able to satisfy the concerns of the complainant and the complainant makes a statement to this effect before the Investigating Officer on or before 12.04.2019 the interim bail granted to the petitioner would be confirmed. If however the petitioner is not able to persuade the complainant about his intention and the complainant does not appear before the Investigating Officer the interim bail would be cancelled."

Counsel states that thereafter the compromise has been effected but not within the time frame and now the matter stands settled.

Notice of motion.

On the asking of the Court, Ms.Amarjit Kaur Khurana, DAG, Punjab accepts notice on behalf of respondent No.1-State.

Learned counsel for the petitioner undertakes to supply a copy of the petition to the learned State counsel during the course of the day.

Let respondent No.2 be served by way of dasti process. Adjourned to 19.08.2019."

Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 20.05.2019, has already appeared before the SHO/Investigating Officer and has joined the investigation. Learned counsel for the petitioner further submits that the matter has been compromised between the parties.

Learned counsel for the State, on instructions from ASI Manjinder Singh, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 20.05.2019 , is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.