High CourtsSingle Bench

Sakandar Singh And Another vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 December 2020 · Citation: (2020) 12 P&H CK 0333

HON’BLE JUDGES
Raj Mohan Singh, J
ACTS & SECTIONS REFERRED
Mines And Minerals (Development And Regulation) Act, 1957 — Section 21 · Indian Penal Code, 1860 — Section 379 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 26348 Of 2020
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Judgment

15 paragraphs · 272 words

Raj Mohan Singh, J

The case has been taken up for hearing through video conferencing.

The petitioners seek grant of anticipatory bail in case bearing FIR No.99 dated 25.07.2020, registered under Section 21 of the Mines and Minerals

(Development and Regulation) Act, 1957 and Section 379 IPC at Police Station Village Meharban, District Police Commissionerate, Ludhiana.

Vide order dated 15.10.2020 interim order was passed in favour of the petitioners.

Learned counsel for the petitioners submitted that in view of affidavit/undertaking filed, there is no repetition of offence on the part of the petitioners.

Learned State counsel on instructions from HC Sanjiv Kumar submitted that the petitioners have joined the investigation to the entire satisfaction of

the Investigating Officer and they are not required in any further investigation of the case.

In view of aforesaid, the present petition is allowed. Petitioners are again directed to appear before the SHO/Investigating Officer to join investigation

on 22.12.2020 and in the event of their arrest, they shall be released on anticipatory bail on their furnishing bail bonds to the satisfaction of

SHO/Investigating Agency subject to the following conditions as envisaged under Section 438(2) Cr.P.C:-

i) that the petitioner(s) shall make himself available for interrogation before the Investigating Officer as and when required;

ii) that the petitioner(s) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so

as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) that the petitioner(s) shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.