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Anokh Singh Bhatti vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 January 2020 · Citation: (2020) 01 P&H CK 0256

HON’BLE JUDGES
Raj Mohan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 380, 457
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 40661 Of 2019
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Judgment

7 paragraphs · 349 words
1.

This petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail in case bearing FIR No. 178 dated 27.7.2019 under Sections 380/457 IPC registered at Police Station Islamabad District Police Commissionerate, Amritsar.

2.

On 23.9.2019, while issuing notice of motion, following order was passed:-

"It is contended by counsel for the petitioner that the petitioner is not involved in the alleged rime. The case relates to the possession of shop, which the complainant claims under his tenancy. However, even an eviction order has been passed against the complainant. In any case, the petitioner is not connected with the said shop, in any manner whatsoever, and not even related with the owner of the said shop. In fact, when the complainant had vacated that shop, he had engaged the petitioner to transport his goods from the shop to the residence of the complainant. However, thereafter, the complainant did not pay the full cartage to the petitioner. Later on, the complainant lodged an FIR against the owner of the shop and his other co-accused. The name of the petitioner has also been, unnecessarily, involved in the case; because of the above reason. Beyond transporting the goods, on asking of the complainant, the petitioner is not connected with any incident qua that shop.

Notice of motion for 29.01.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C." Learned State counsel, on instructions from ASI Bhupinder Singh, states that the petitioner has joined the investigation on 28.1.2020 and he is not required in any further investigation of the case.

3.

In view of above interim order dated 23.9.2019 is made absolute. However, the petitioner shall keep on joining the investigation as and when required to do so and shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C.

4.

Petition stands disposed of accordingly.