Punjab-Haryana High Court
Kala Singh vs State Of Punjab on 24 February, 2021
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
204-2 CRM-M-42047-2020
Date of Decision:24.02.2021
KALA SINGH ...PETITIONER
VERSUS
STATE OF PUNJAB ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Vikasdeep Singh, Advocate for the petitioner.
Mr. Saurav Khurana, DAG, Punjab.
***
SUVIR SEHGAL, J.(ORAL)
The Court has been convened through video conferencing due to
Covid-19 pandemic.
Through the instant petition under Section 438 of Code of Criminal
Procedure, 1973, the petitioner seeks anticipatory bail in case FIR No.162 dated
21.11.2020, registered under Section 61 of Excise Act, 1914, at Police Station
Talwandi Chaudhrian, District Kapurthala.
On 22.01.2021, this Court had passed the following order:-
"The Court has been convened through video
conferencing due to Covid-19 pandemic.
Counsel for the petitioner submits that the
petitioner has been falsely framed in the case and he was
not apprehended from the spot despite the fact that the
police party comprising of five officials had raided his
house. It is his contention that the petitioner walks with a
limp and he had been present, as has been projected in
the FIR, he would have been arrested on the spot. He has
placed reliance upon the order dated 09.12.2020 passed
by this Court in CRM-M-41222 of 2020 whereby the
petitioner's wife has been granted interim bail. Still
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further, he submits that the petitioner is involved in FIR
No.85 dated 05.08.2017 registered under Section 61 of
Punjab Excise Act wherein he has been convicted and
released on probation, vide judgment dated 07.08.2018
by the Judicial Magistrate Ist Class, Sultanpur Lodhi.
List on 24.02.2021.
Meanwhile, the petitioner shall join the
investigation and would come present as and when called
for and in the event of arrest, he shall be admitted to
interim bail on his furnishing personal and surety bonds
to the satisfaction of Arresting Investigating Officer. He
shall also abide by the conditions as specified under
Section 438(2) Cr.P.C.
To be heard alongwith CRM-M-41222 of 2020.
Copy of judgment dated 07.08.2018 be placed on
the record before the next date of hearing."
In compliance of the said order, counsel for the petitioner has placed
on record copy of the judgment dated 07.08.2018, which is taken on record as
mark 'A'.
Learned State counsel on instructions from ASI Harjinder Singh
states that the petitioner has joined the investigation and he is no longer required
for custodial interrogation.
In view of the said facts, without commenting on the merits of the
case, the present petition is allowed and the order dated 22.01.2021 granting
interim bail to the petitioners is made absolute, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure.
24.02.2021 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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