The Court discharged an interim anticipatory bail order made on 19.12.2012, making it absolute in light of the petitioner’s cooperation with the investigation and lack of state alarm regarding absconding or witness dissuasion.
The order dated 19.12.2012 granting interim bail to petitioner-Tilak Raj is made absolute.
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Crl.M.No.M-40367 of 2012(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-40367 of 2012(O&M) Date of Decision: March 22, 2013
Tilak Raj
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Amrik Singh, Advocate for the petitioner.
Mr.P.S.Paul, DAG, Punjab.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.32, dated 11.4.2012, under Section 379 IPC and under Sections 21(4), 4(1) of Mining Mineral Act, 1957, registered at Police Station Nurpur Bedi.
I have heard learned counsel for the parties and have gone through the whole record carefully.
This Court while issuing notice of motion on 19.12.2012, passed the following order:
“Crl.M.No.76661 of 2012
Application is allowed subject to all just exceptions. Crl.M.No.M-40367 of 2012
Contends that offence under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, mining is bailable one. It is further submitted that moreover petitioner had purchased the material from authorised contractor vide receipts Annexures P2, which were also signed by the concerned Mining Officer. It is also contended that petitioner is ready to render the entire account regarding purchase of the material at its screening plant to the
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Crl.M.No.M-40367 of 2012(O&M)
Investigating Officer.
Notice of motion to Advocate General, Punjab, for 6.2.2013.
However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”
It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.
It has been stated by learned State counsel as well, on instructions from ASI Gurmukh Singh that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police. Bail application is not opposed.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
In view of these facts and without expressing any opinion on the merits of the case, order dated 19.12.2012, granting interim bail to petitioner-Tilak Raj is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
(Ram Chand Gupta) Judge
22.3.2013
meenu
1 issue framed by the court
Whether the interim anticipatory bail granted by notice of motion order dated 19.12.2012 should be made absolute given the petitioner’s cooperation in the investigation.
4 provisions across 3 enactments
Tilak Raj
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
