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Judgment
11 paragraphs · 236 wordsPetitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case
FIR No.93 dated 13.07.2018, registered at Police station Dhanaula, District Barnala, under Section 61 of the Punjab Excise Act, 1914.
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
The allegations against the present petitioner are that he fled away from the spot and recovery was effected from co-accused, Baljit Singh.
In pursuance of the interim order dated 04.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for
custodial interrogation. Recovery has already been effected. Therefore, no useful purpose will be served by sending the petitioner to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any
opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 04.09.2018, granting interim bail to the petitioner,
is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438
(2) Cr.P.C.
