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(2021) Law Today Live Doc. Id. 16497
Decided on: 14.10.2021
Present:
Mr. Navraj Singh, Advocate, for the petitioner.
Mr. H.S. Sullar, DAG, Punjab.
Mr. Naveen Batra, Advocate, for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 379, 447, 506, 511 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Criminal trespass and theft – Anticipatory bail – Petitioner and other accused cut trees standing in the land -- Primarily, there is land dispute between the parties and the matter is sub-judice -- Petitioner has already joined the investigation and is not required by the police for custodial interrogation -- Petition allowed.
(Para 2, 6)
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KARAMJIT SINGH, J. –
1. Case has been heard through video conferencing on account of COVID-19 Pandemic.
2. The present petition has been filed under Section 438 of code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.84 dated 25.5.2021 registered under Sections 379, 447, 506, 511 of Indian Penal Code at Police Station Kathgarh, Tehsil Balachaur, District Shaheed Bhagat Singh Nagar.
3. On instructions of ASI Mohan Lal, learned State counsel has submitted that the petitioner joined the investigation with the police on the basis of order dated 15.6.2021 and is not required by the police for any further investigation.
4. In the FIR, it was alleged by complainant-Jugraj Singh that the petitioner and other accused cut and removed the trees standing in his land.
5. Counsel for the petitioner contended that the dispute regarding ownership of the aforesaid land is pending before the appellate Court and he further argued that the false criminal case has been registered against the petitioner and other accused.
6. In view of above, it appears that primarily, there is land dispute between the parties and the matter is sub-judice. The petitioner has already joined the investigation and is not required by the police for custodial interrogation.
7. Consequently, the present petition is allowed and order of interim bail dated 15.6.2021 is hereby made absolute subject to the conditions as laid down under Section 438 (2) Cr.P.C..
Petition allowed.
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