Jaswant Singh vs State Of Punjab
2023 Latest Caselaw 19048 P&H

RAJ KUMAR
2023.11.03 18:29

2023:PHHC: 140033

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
107
CRM-M_No.55134 of 2023
DATE OF DECISION : 3°' NOVEMBER, 2023

Jaswant Singh
.... Petitioner
Versus

State of Punjab
.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

KRESS
Present: | Mr. Neeraj Madan, Advocate for the petitioner.
OK Ok 3K
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail in case FIR No.134 dated 18.10.2023 registered under Sections 379 IPC and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 at Police Station Sadar Jalalabad, District Fazilka.

2. The counsel for the petitioner has submitted that the case against the petitioner is totally frivolous and concocted one. Even as per the case of the prosecution the petitioner had not been found with the Tractor-trolly alleged to have been taken into custody by the Mining Inspector. The allegation that the petitioner had run away from the spot is totally baseless. Moreover, the Tractor-trolly was not found loaded with the mining material. The petitioner shall join the investigation as and when called by the police. Hence, the petitioner deserves to be protected against his arrest in the present case.

3, Notice of motion.

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CRM-M_No.55134 of 2023 2023:PHHC: 140033

4, Mr. Sandeep, Additional Advocate General, Punjab, accepts notice on behalf of the State.

5. The counsel for the State, on instructions from ASI

Mukhtiar Singh, has submitted that the petitioner is habitual of illegal mining. There is already another case against him. In the present case also it is not the police who effected the recovery. Rather, it is the Mining Inspector, who had found the activity of illegal mining being done by the petitioner; and also found the trolly with the Tractor of the petitioner at the mining site. The same was handed over to the police and only thereafter the FIR was registered. The investigation is at initial stage. Therefore, the police require custodial interrogation of the petitioner to unearth the true dimensions of the involvement of the petitioner in the illegal mining, particularly, regarding the extent of the illegal mining involved in the present case. Hence, the petitioner does not deserve to be protected against his arrest.

6. In view of the facts and circumstances involved in the case, as well as, the submissions made by learned counsel for the State, this court does not find it an appropriate case to interfere so as to grant concession of anticipatory bail to the petitioner. Accordingly the present

petition is dismissed.

3" November, 2023 (RAJBIR SEHRAWAT) 'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

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