High CourtsSingle Bench

Dipanshu Kumar Sahai @ Ishu vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 November 2020 · Citation: (2020) 11 P&H CK 0130

HON’BLE JUDGES
Arvind Singh Sangwan J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 306 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 24359 Of 2020 (O&M)
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Judgment

19 paragraphs · 271 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FIR No.0261 dated 24.07.2020, registered under Sections 306, 34 IPC at Police Station Sadar

Dhuri, District Sangrur.

The operative part of the order dated 26.08.2020, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....Learned counsel for the petitioner inter alia submits that offence under Section 306 IPC is not made out from the allegations made in

the FIR. No recovery is to be effected and, therefore, custodial interrogation is not necessary.

Notice of motion.

Mr. Ramdeep Partap Singh, DAG Punjab, accepts notice on behalf of the respondent-State and waives service.

At this stage, Mr. Monty Goyal, Advocate puts in appearance on behalf of the complainant and submits that before hanging himself the

deceased person had scribbled a suicide note on the wall blaming the petitioner and his father. False allegations have been made in the

petition and the complaint dated 23.07.2020 has never been submitted before the police.

Learned counsel for the complainant is at liberty to file his reply.

Adjourned to 26.11.2020....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 26.08.2020, the petitioner has appeared before the

Investigating Officer and has joined the investigation.

Counsel for the State, on instructions from ASI Sukhchain Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required

for further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 26.08.2020 is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C.