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Harprabh Mahal Singh v. State of Punjab - CRM-29026-M-2006  RD-P&H 12411 (12 December 2006)
Crl. Misc. No. 29026-M of 2006
DATE OF DECISION : 29.11.2006
Harprabh Mahal Singh
State of Punjab
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. R.S. Athwal, Advocate,
for the petitioner.
Mr. N.S. Gill, AAG, Punjab.
Petitioner Harprabh Mahal Singh, apprehending his arrest in a non-bailable offence in case FIR No. 210 dated 10.7.2004 under Section 302, 34 IPC, registered at Police Station City Nawanshahr, has filed this petition under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail.
On July 28, 2006, after hearing counsel for the parties and in view of the report submitted by Deputy Superintendent of Police, Crime, Punjab, interim anticipatory bail was granted to the petitioner subject to his joining investigation.
I have heard counsel for the parties and have gone through the contents of the FIR.
In this case, the police has submitted challan against Bahadur Singh, Dhian Singh and Surjit Ram and the investigation is still going on.
Vide separate order of even date passed in Crl. Misc. No. 49177-M of 2006, while giving detailed reasons, investigation in the aforesaid FIR has been transferred to the Central Bureau of Investigation. Counsel for the petitioner further states that in terms of the interim order dated October 16, 2006, the petitioner has joined the investigation and he will further join the investigation as and when called by the Investigating Officer. The State counsel does not dispute this fact. However, he has submitted that though in the enquiry report given by Deputy Superintendent of Police, Crime, Punjab, petitioner has been found innocent, but the said report has not been approved by the Senior Superintendent of Police and the investigation is still going on. It has not been disputed by the State Counsel that under the orders of ADGP (Crimes) dated 18.5.2006, investigation of the case was handed over to the Crime Branch and Didar Singh, DSP (Crimes) was authorised to conduct the investigation. According to the report submitted by him, petitioner Harprabh Mahal Singh, Dhian Singh and Swaran Singh were found to be innocent and it was reported that more evidence is required to be collected against Surjit Ram and Bahadur Singh, who have been arrested.
In view of the above, without commenting on the merits, the interim bail, granted vide order dated July 28, 2006, is made absolute subject to the same terms and conditions.
Disposed of accordingly.
November 29, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE
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