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(2021) Law Today Live Doc. Id. 15888
Decided on: 28.01.2021
Present:
Mr. Dushyant Rana, Advocate for the petitioner.
Mr. Anant Kataria, DAG, Haryana.
Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Petitioner has been nominated as an accused on the basis of disclosure statement of co-accused i.e. driver of the vehicle -- Petitioner is not owner of the vehicle – Interim bail granted, petitioner has joined the investigation to the satisfaction of the Investigating Officer and he is not required in any further investigation of the case – Interim order made absolute.
(Para 3-5)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video-conferencing.
2. This petition has been filed under Section 438 Cr.P.C. seeking anticipatory bail in case bearing FIR No.306 dated 12.10.2020 under Section 61 of the Excise Act registered at Police Station Pinjore, District Panchkula.
3. On 10.12.2020, while issuing notice of motion, following order was passed:-
“The case has been taken up for hearing through video-conferencing.
Learned counsel for the petitioner contends that the petitioner has been nominated as an accused on the basis of disclosure statement of co-accused Suresh Kumar i.e. driver of the vehicle. Petitioner is not owner of the vehicle.
Notice of motion for 28.01.2021.
In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 17.12.2020 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.”
4. Learned State counsel, on instructions from SI Vijender Singh, states that the petitioner has joined the investigation to the satisfaction of the Investigating Officer and he is not required in any further investigation of the case.
5. In view of above, interim order dated 10.12.2020 is made absolute. However, the 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. Petition stands disposed of.
Order accordingly.
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