Santokh Singh vs State Of Punjab And Another
2021 Latest Caselaw 2976 P&H

CRM-M No.31752 of 2019                                                  -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                 HARYANA AT CHANDIGARH

                                              CRM-M No.31752 of 2019 (O&M)
                                              Date of Decision:13.10.2021
                                              (Heard through VC)

Santokh Singh                                                    ...Petitioner
                                            Versus
State of Punjab and another                                     ...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-       Mr. Amandeep Singh Manaise, Advocate
                for the petitioner.

                Ms. Rashmi Attri, AAG, Punjab.

                Mr. J.S. Dhaliwal, Advocate
                for respondent No.2.

                ****

JAISHREE THAKUR, J. (ORAL)

1. The instant petition has been filed under Section 438 Cr.P.C.

for grant of anticipatory bail to the petitioner in case FIR No.27 dated

05.07.2019 registered under Sections 498-A, 406, 323 IPC registered at

Police Station Ghuman Kalan, District Gurdaspur.

2. Counsel for the petitioner herein would contend that the matter

had been referred to the Mediation and Conciliation Centre of this Court,

however, the same was unsuccessful. It is submitted that the petitioner had

joined investigation in terms of the order dated 20.11.2019. The matter has

been investigated and the challan stands presented and the petitioner is

facing trial.

3. Learned counsel appearing on behalf of the respondent-State on

instructions from ASI Sukhjinder Singh would submit that the petitioner

herein has joined the investigation.

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4. Learned counsel appearing on behalf of the complainant

opposes grant of bail to the petitioners while contending that recovery of

some gold articles is yet to be effected.

5. I have heard learned counsel for the parties.

6. It has been held in the judgment rendered in Bhupinder Singh

etc. Vs. State of Punjab 2014 (2) CRCR (Criminal) 109 that bail cannot be

denied only on the ground that recoveries have not been effected. In view

of the fact that the petitioner has joined investigation, the instant petition is

allowed and the order dated 20.11.2019 granting interim bail to the

petitioner is made absolute, subject to the conditions laid down in Section

438 (2) Cr.P.C.

                                                (JAISHREE THAKUR)
October 13, 2021                                     JUDGE
Pankaj*

                   Whether speaking/reasoned                 Yes/No
                   Whether reportable                        Yes/No




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