High CourtsSingle Bench

Manpreet Singh Walia vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 20 September 2018 · Citation: (2018) 09 P&H CK 0146

HON’BLE JUDGES
Arvind Singh Sangwan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 324, 341, 307, 506 · Code of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 23188 of 2018
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Judgment

16 paragraphs · 303 words

The petitioner prays for grant of anticipatory bail in FIR No.158 dated 31.07.2017, registered under Sections 324, 341, 307, 506 read with Section 34 of

the Indian Penal Code (in short 'IPC') at Police Station Civil Lines, Patiala, District Patiala.

The operative part of the order dated 04.06.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....It is contended that similarly situated co- accused has been afforded ad interim relief by this Court on 21.05.2018 in CRM-M-21590 of 2018

(Annexure P-8). The only difference is that the petitioner had earlier filed an application for anticipatory bail, which was dismissed as withdrawn on

11.09.2017. However, thereafter, the petitioner has been admitted to bail by the learned trial Court and he was facing proceedings under Sections 324,

341, 506, 34 IPC. The apprehension of the petitioner is that he may be proceeded against under Section 307 IPC as challan has now been filed against

co-accused Tarunvir Sharma under Section 307 IPC, as well.

Notice of motion for 20.09.2018....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 04.06.2018, the petitioner has appeared before the Investigating Officer

and has joined the investigation. It is further submitted that the Additional Sessions Judge, has also framed charges and the petitioner is facing the trial.

It is also submitted that the petitioner has also been granted interim bail by the Additional Sessions Judge vide order dated 10.09.2018.

Counsel for the State, on instructions from ASI Mewa 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 04.06.2018 is made absolute subject to the

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