Punjab-Haryana High Court
Pawandeep Sharma vs State Of Punjab on 14 March, 2024
Neutral Citation No:=2024:PHHC:036952
2024:PHHC:036952
210 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-7745-2024
Date of decision: 14.03.2024
Pawandeep Sharma ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Vishal Sharma, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL)
This petition has been filed under Section 438 Cr.P.C. seeking
anticipatory bail in case bearing FIR No.043 dated 03.12.2023 under Sections
4(1)(A)/21(1) of the Mines and Minerals (Development and Regulation) Act,
1957 and Section 379 of IPC registered at Police Station Nangal Bhoor, District
Pathankot, Punjab (Anneuxre P-1) in which FIR, petitioner has nominated
subsequently vide DDR No.23 dated 02.01.2024 (Annexure P-2).
On 13.02.2024, the following order was passed:-
'The present 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.043 dated
03.12.2023 under Sections 4 (1)(A), 21 (1) of the Mines and Minerals
(Development and Regulation) Act, 1957 and Section 379 IPC
registered at Police Station Nangal Bhoor, District Pathankot, Punjab
(nominated subsequently vide DDR No.23 dated 02.01.2024).
Learned counsel for the petitioner, inter alia, contends that
similarly situated co-accused Simranjit Singh Virk has been granted
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concession of anticipatory bail by this Court vide order dated
11.01.2024 passed in CRM-M-1306-2024. Moreover, offence under
Section 379 IPC has been invoked only to make the offence non-
bailable whereas the Mines and Minerals (Development and
Regulation) Act, 1957 is a special statute, which provides for complete
mechanism to deal with offence as alleged in the FIR. The maximum
sentence provided for the offences alleged to be committed in the FIR
registered against the petitioner is 5 years and no notice under Section
41-A of Cr.P.C. was ever served upon the petitioner. As such, in view
of the ratio of law culled out in the judgment of the Hon'ble Supreme
Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51, the
petitioner is entitled for bail.
Notice of motion.
On the asking of the Court, Mr. H.S. Deol, Sr. DAG Punjab,
who is present in Court, accepts notice for the respondent-State and
opposes 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 20.02.2024 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 14.03.2024.
Nothing observed hereinabove shall be construed as an
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. '
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Learned State counsel on instructions from ASI Narender Singh, at
the very outset informs the Court that the petitioner has joined the investigation
and his custodial interrogation is not required.
In view of the statement of learned State counsel, order dated
13.02.2024 is hereby made absolute. The petitioner shall abide by the terms and
conditions envisaged under Section 438(2) Cr.P.C.
The petition stands disposed of.
(HARPREET SINGH BRAR)
JUDGE
14.03.2024
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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