Punjab-Haryana High Court
Madan Lal Sharma @ Madan Lal vs State Of Punjab on 25 July, 2022
CRM-M-24821-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(210-1)
CRM-M-24821-2022
Date of decision: - 25.07.2022
Madan Lal Sharma @ Madan Lal
....Petitioner
Versus
State of Punjab
.....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Amaninder Singh Sekhon, Advocate,
for the petitioner.
Mr. Sarabjit S. Cheema, AAG, Punjab.
****
VIKAS BAHL, J. (ORAL)
This is the first petition under Section 438 of Cr.P.C. for
grant of anticipatory bail to the petitioner in case FIR No.92 dated
03.05.2022, under Section 306 IPC, registered at Police Station City
Kotkapura, District Faridkot.
On 01.06.2022, this Court was pleased to pass the following
order:-
"Inter alia contends that in the present case, as per the FIR,
there is no allegation so as to constitute offence under Section 306 of
IPC, moreso, against the petitioner. It is further submitted that the
petitioner is a 76 year old person and the deceased has committed
suicide on account of having suffered business losses. It is contended
that even as per the FIR, business between the petitioner and the
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deceased had already been partitioned 17 years ago and the petitioner
is not keeping in good health inasmuch as he has heart ailments.
Reliance has been placed upon judgment of the Coordinate Bench of
this Court in State of Punjab Vs. Kamaljit Kaur @ Bholi and another
reported as 2008(2) RCR (Criminal) 562, as well as judgment of the
Hon'ble Supreme Court in case titled as Gangula Mohan Reddy Vs.
State of Andhra Pradesh reported as (2010) 1 SCC 750, in support of
the arguments. It is also contended that the co-accused of the
petitioner namely Geeta Rani Sharma had also applied for
anticipatory bail by way of filing petition bearing No.CRM-M-24073-
2022, in which, notice of motion has been issued and interim
protection has been granted in favour of said Geeta Rani Sharma.
Notice of motion for 25.07.2022.
In the meantime, in the event of arrest, the petitioner shall be
released on interim bail subject to his furnishing personal bonds and
surety to the satisfaction of Arresting/Investigating Officer. However,
the petitioner shall join the investigation as and when called upon to
do so and shall abide by the conditions as provided under Section
438(2) Cr.P.C.
To be heard alongwith CRM-M-24073-2022.
01.06.2022 (VIKAS BAHL)
JUDGE"
Learned counsel for the petitioner has submitted that in
pursuance of the above-said order, the petitioner has joined the
investigation.
Learned State counsel, on instructions from ASI Iqbal Singh,
has submitted that the petitioner has joined the investigation on
20.06.2022 and is not required for further investigation.
Keeping in view the abovesaid facts and circumstances
moreso, the facts which have been noticed in abovesaid order dated
01.06.2022 and also the fact that the petitioner has joined the
investigation and is not required for further custodial interrogation, the
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present petition is allowed and the interim order dated 01.06.2022 is
ordered to be made absolute.
However, nothing stated above shall be construed as a final
expression of opinion on the merits of the case and the trial would
proceed independently of the observations made in the present case which
are only for the purpose of adjudicating the present bail application.
July 25, 2022 ( VIKAS BAHL )
naresh.k JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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