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RAJ KUMAR versus STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Raj Kumar v. State of Punjab - CRM-75195-M-2006 [2007] RD-P&H 799 (23 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 75195-M of 2006

DATE OF DECISION : 29.01.2007

Raj Kumar

.... PETITIONER

Versus

State of Punjab

..... RESPONDENT

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Ms. Jatinder Jit Kaur, Advocate, for the petitioner.

Mr. N.S. Gill, AAG, Punjab.

* * *

Petitioner Raj Kumar, apprehending his arrest in a non-bailable offence in case FIR No. 218 dated 27.10.2006 under Section 420 IPC, registered at Police Station Division No.7, Ludhiana, has filed this petition under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail.

I have heard counsel for the parties and have gone through the contents of the FIR as well as the order dated 22.11.2006, passed by Additional Sessions Judge, Ludhiana, whereby bail application of the petitioner has been dismissed.

While issuing notice of motion on November 30, 2006, interim anticipatory bail was granted to the petitioner subject to his joining investigation.

Counsel for the petitioner contends that in the aforesaid FIR, it has been alleged that the petitioner received Rs. 5,000/- on 3.9.2005 from the complainant and subsequently, he took Rs. 15,000/- in order to get the loan sanctioned. Counsel further contends that in the aforesaid case, the FIR has been lodged on false facts at the instance of ASI against whom the petitioner had lodged complaint to the Human Rights Commission.

Counsel for the petitioner further states that in terms of the interim order dated November 30, 2006, the petitioner has joined the investigation. The State counsel, after having instructions from Avtar Singh ASI does not dispute this fact and further states that the petitioner is no more required for further investigation.

In view of the above, without commenting on the merits, the interim bail, granted vide order dated November 30, 2006, is made absolute subject to the same terms and conditions.

Disposed of accordingly.

January 29, 2007 ( SATISH KUMAR MITTAL ) ndj JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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