Raj Kumar Sood vs State Of Punjab on 9 January, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                   Criminal Misc. No. M-19145 of 2008
                     Date of decision: 9th January, 2009


Raj Kumar Sood

                                                                 ... Petitioner

                                   Versus

State of Punjab
                                                              ... Respondent


CORAM:       HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:     Mr. M.L. Saggar, Senior Advocate with
             Mr. G.S. Brar, Advocate for the petitioner.
             Mr. Anter Singh Brar, DAG Punjab for the State.
             Mr. Gurcharan Dass, Advocate for the complainant.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

In the present case, FIR No.304 was registered on 28th

September, 2007 at Police Station Focal Point, Ludhiana under Section

420, 465, 467, 468, 471 IPC. A period of one year and four months is

going to elapse and investigation has not been concluded.

Two of the accused have been allowed to flee from India and

proceedings regarding declaring them proclaimed offender are pending.

Investigating Officer is present in Court.

Mr. Anter Singh Brar, DAG Punjab, on instructions from SI

Inderjit Singh Investigating Officer, has stated that the entire investigation

shall be concluded within a period of three months.

Petitioner has been granted pre-arrest interim bail by a

Coordinate Bench of this Court on August 1, 2008. Petitioner has already

enjoyed interim pre-arrest bail for a period of about five months. Three
Criminal Misc. No. M-19145 of 2008 2

months more will not make any difference to conclusion of the

investigation, especially when the petitioner is an attesting witness to the

sale deed.

Without observing anything on the merits of the case, present

petition is disposed off with a direction that the petitioner shall be permitted

to remain on interim bail on his furnishing bail bonds, which shall contain a

condition that as and when report under Section 173 Cr.P.C. is filed,

petitioner shall appear before the trial Court. Trial Court shall examine the

entire documents and statement gathered by the Investigating Officer and

shall decide the regular bail application of the petitioner on merits, without

taking any observation of this Court into consideration.

With these observations, present petition is disposed off.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 9, 2009
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