Punjab-Haryana High Court
Parwinder Singh vs State Of Punjab on 15 April, 2024
Neutral Citation No:=2024:PHHC:050678
2024:PHHC:050678
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
214 CRM-M-10311-2024
Date of Decision : April 15, 2024
PARWINDER SINGH
.....Petitioner
VERSUS
STATE OF PUNJAB
.....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. S.P.S.Sidhu, Advocate
for the petitioners.
Mr. Pardeep Bajaj, DAG, Punjab.
KULDEEP TIWARI, J. (Oral)
1. On the last date of hearing, i.e. 27.2.2024, the following
order was passed by a Co-ordinate Bench of this Court:-
"The instant petition has been filed under Section
438 of the Code of Criminal Procedure (hereinafter
referred to as Cr.P.C) for grant of anticipatory bail to the
petitioner in FIR No.134 dated 09.10.2023 registered
under Sections 4 (1) & 21 (1) of the Mines and Minerals
(Development and Regulation) Act, 1957 registered at
Police Station Nurpur Bedi, District Rupnagar.
Learned counsel for the petitioner, inter alia,
contends that no machinery or any mining material was
recovered from the spot. The petitioner had taken M/s
Adesh Stone Crusher on lease. The maximum punishment
provided for the offence alleged to be committed in the FIR
(supra) is upto 5 years and no notice under Section 41-A
Cr.P.C. was served upon the petitioner. As such, in view of
the ratio of law culled out in the judgment rendered by the
Hon'ble Supreme Court in Satender Kumar Antil Vs. CBi
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(2022) 10 SCC 51, the petitioner is entitled for bail.
Notice of motion.
On the asking of the Court, Mr. Subhash Godara,
Addl. A.G., Punjab, who is present in Court, accepts notice
on behalf of the respondent-State and opposes the prayer
for grant of anticipatory bail to the petitioner.
In the meantime, keeping in view the law enunciated
by the Hon'ble Supreme Court in Satender Kumar Antil
Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of
Bihar (2014) 8 SCC 273 and Mohd. Muslim alias
Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC
352, at the first instance, the petitioner is directed to
appear before the Investigating Officer on or before
06.03.2024 and on his doing so or in the event of arrest,
the petitioner shall be admitted to interim bail on
furnishing of bail/surety bond to the satisfaction of the
Investigating/Arresting Officer. The petitioner shall
cooperate with the Investigating Officer and abide by the
conditions as provided under Section 438 (2) Cr.P.C.
If the Investigating/Arresting Officer does not permit
the petitioner to join the investigation, the petitioner would
appear before the Illaqa Magistrate, who would then
summon the Arresting Officer and direct him to join the
petitioner in investigation, in terms of the order of this
Court.
Adjourned to 08.04.2024.
Nothing observed hereinabove shall be construed as
expression of opinion of this Court on merits of the case
and the trial Court shall proceed without being prejudiced
by observations of this Court."
2. Today, the learned State counsel on instructions imparted to
him by the official concerned, submits that the petitioner has already
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joined the investigation and he is fully co-operating with the investigation
process and he is not required for any further custodial investigation.
3. In view of the specific stand taken by the learned State
counsel, the present petition is allowed and order dated 27.2.2024 is,
hereby, made absolute subject to the condition that the petitioner shall
abide by the conditions as envisaged under Section 438(2) Cr.P.C.
(KULDEEP TIWARI)
April 15, 2024 JUDGE
ajay-1
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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