Punjab-Haryana High Court
Mohan Lal vs State Of Punjab on 19 March, 2024
Neutral Citation No:=2024:PHHC:039437
2024:PHHC:039437
206 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8327-2024
Date of decision: 19.03.2024
Mohan Lal ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Ishan Thakur, Advocate for
Mr. L.S. Sidhu, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
Mr. Gagandeep Singh, Advocate for
Mr. Arshdeep Singh Brar, Advocate
for the complainant.
HARPREET SINGH BRAR, J. (ORAL)
This petition has been filed under Section 438 Cr.P.C. seeking
anticipatory bail in case bearing FIR No.20 dated 02.02.2024 under Sections
381/411/120-B of IPC registered at Police Station City South, Moga, District
Moga.
On 16.02.2024, 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.20 dated
02.02.2024 registered under Sections 381, 411, 120-B IPC at Police
Station City South, Moga, District Moga.
Learned counsel for the petitioner, inter alia, contends that all
the allegations levelled in the FIR (supra) are against the wife of the
petitioner and there is nothing on record to suggest that the petitioner
has any nexus whatsoever with the alleged theft. The petitioner is
1 of 3
Neutral Citation No:=2024:PHHC:039437
2024:PHHC:039437
having clean antecedents. It is further contended that maximum
sentence provided for the offences alleged to be committed in the FIR
registered against the petitioner is less than 7 years. It is further
contended that no notice under Section 41A Cr.P.C. has been issued to
the petitioner and 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. Subhash Godara, Addl. A.G.,
Punjab, who is present in Court, accepts notice on behalf of the
respondentState and opposes the prayer for grant of anticipatory bail
to the petitioner.
At this stage, Mr. Arshdeep Singh Brar, Advocate has put in
appearance on behalf of the complainant and files his vakalatnama,
which is taken on record. He vehemently opposes the prayer for grant
of anticipatory bail to the petitioner by contending that complicity of
the petitioner is writ large as he is beneficiary of the theft committed
by his wife.
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 23.02.2024 and
on her 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 19.03.2024.
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 of 3
Neutral Citation No:=2024:PHHC:039437
2024:PHHC:039437
Learned State counsel on instructions from ASI Varinder Kumar, 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
16.02.2024 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
19.03.2024
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
