IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-9933 of 2009 (O&M)
Date of decision: 8th May, 2009
Gurmej Singh
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. H.K. Verma, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General, Punjab
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C.
seeking grant of anticipatory bail to the petitioner in case FIR No. 17 dated
21.02.2009 registered at Police Station Bhikhiwind, District Tarn Taran
under Section 406 IPC and section 7 of Essential Commodities Act.
On April 16, 2009, this Court had passed the following order:
“Counsel contends that petitioner was a Depot holder
and an inquiry was conducted, during which it was found that
wheat and pulses, meant for public distribution system, were
deficient. It is stated that the wheat was deficient to the tune of
1 qtl and 62 kg and pulses to the tune of 24 kg 500 gm.
Counsel submits that offence, if any, is a matter of
documents and custodial interrogation of the petitioner is not
required. Counsel further submits that the shortage found can
be well explained by the petitioner.
Issue notice of motion to AG Punjab for 8th May, 2009.
In the event of arrest, petitioner shall be released on
interim bail to the satisfaction of the arresting officer. However,
Criminal Misc. No. M-9933 of 2009 (O&M) 2
petitioner shall join investigation as and when called for.
Petitioner shall abide by the conditions specified under
Section 438 (2) Cr.P.C.”
Counsel for the State, on instructions from ASI Keemti Lal,
has stated that petitioner has joined the investigation and he is no longer
required for further custodial interrogation.
For the reasons stated in order dated April 16, 2009 and in
view of the statement made by counsel for the State, interim bail granted to
the petitioner vide order dated April 16, 2009 is made absolute till
submission of report under Section 173 Cr.P.C. (challan). Thereafter,
petitioner will be permitted to furnish regular bail bonds to the satisfaction
of the trial Court.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
May 8, 2009
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