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(2021) Law Today Live Doc. Id. 16465
Decided on: 13.07.2021
Present:
Mr. Sumeet Singh Brar, Advocate for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 100(4), 438 -- Excise matter – Anticipatory bail – On the contention that FIR was registered on the basis of secret information, but the police has not complied with mandatory requirement of Section 100(4) Cr.P.C, ad interim bail was given -- Petitioner joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.
(Para 3-6)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video conferencing.
2. Petitioner seeks grant of anticipatory bail in case bearing FIR No.0023 dated 14.03.2021 registered under Section 61 of the Punjab Excise Act at Police Station Dayalpura, District Bathinda.
3. On 09.04.2021, following order was passed by this Court:-
“The case has been taken up for hearing through video conferencing.
Learned counsel for the petitioner contends that FIR was registered on the basis of secret information, but the police has not complied with mandatory requirement of Section 100(4) Cr.P.C.
Notice of motion for 13.07.2021.
In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 16.04.2021 at 11.00 A.M. and in the event of his arrest, he shall be enlarged on ad interim bail, on his furnishing requisite bail bonds/surety bonds subject to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date.”
4. Learned counsel for the petitioner submits that in compliance of the aforesaid order, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer.
5. Learned State counsel on instructions from SI Maninder Singh admits the aforesaid fact and submits that the petitioner is no more required for further investigation in the case.
6. In view of aforesaid factual position, the interim order dated 09.04.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
7. Petition stands disposed of.
Petition allowed.
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