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Maninder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 December 2020 · Citation: (2020) 12 P&H CK 0355

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 324, 452 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 38864 Of 2020 (O&M)
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Judgment

19 paragraphs · 324 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.106 dated 17.10.2020 at

Police Station Singh Bhagwantpura, District Ropar under Sections 323, 324, 452 and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion the following order was passed on 25.11.2020:

“The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

Learned counsel for the petitioner submits that the parties have a civil dispute regarding a passage in the farms, which was decided in favour of the

petitioner on 19.11.2018 and except the offence under Section 452 IPC, all the offences are bailable.

Notice of motion.

At this stage, Mr. A.A. Pathak, Addl. A.G., Punjab, has put in appearance and accepts notice on behalf of the respondent-State. Adjourned to

21.12.2020.

Meanwhile, in the event of arrest of the petitioner, he shall be released on ad interim bail to the satisfaction of the arresting officer. However, the

petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under

Section 438(2) Cr.P.C.â€​

3.

The learned State counsel upon instructions from ASI Subhash Chander has informed that pursuant to interim directions issued on 25.11.2020, the

petitioner has joined investigation and is not required for any custodial interrogation and that he is not involved in any other case.

4.

Having regard to the aforestated position, especially that the petitioner has joined investigation and is not required for any custodial interrogation, the

petition is accepted and the interim directions issued by this Court vide order dated 25.11.2020 are hereby made absolute subject to the condition that

the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the

conditions as provided under Section 438 (2) Cr.P.C.