High CourtsSingle Bench(2011) 05 P&H CK 0173

Gugnesh Sharma vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 2 May 2011

HON’BLE JUDGES
Alok Singh, J
CASE NUMBER
Criminal Miscellaneous No. M. 11786 of 2011 (O and M)

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Judgment

9 paragraphs · 273 words

Alok Singh, J.—Present petition has been filed seeking anticipatory bail in case FIR No. 47 dated 2.4.2011 under Sections 420 IPC and Section 63 of Copy Right Act, 1957, Police Station Salem Tabri, Ludhiana City.

2.

This Court vide order dated 21.4.2011 has issued notice of motion.

3.

Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions from ASI Sarabjit Singh, who is personally present in the Court, states that raids were held on the house of the Petitioner, however, he could not be apprehended.

4.

Case diary show to the Court is not paginated and is not in volumes as required u/s 172 Code of Criminal Procedure as interpreted by this Court in Crl. Misc. No. M-3990 of 2011 dated 1.3.2011. ASI Sarabjit Singh as well as learned Deputy Advocate General, Punjab, are not in a position to justify the custodial interrogation.

5.

Considering the totality of the facts and circumstances of the case, it is directed that in the event of arrest of the Petitioner, he shall be released on bail by the Investigating Officer/Arresting Officer on furnishing personal bond and one surety of Rs. 20,000/- subject to the following conditions:

i) that he shall make himself available for interrogation by a police officer as and when required;

ii) that he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

iii) that he shall not leave India without the previous permission of the Court.

6.

The petition stands disposed of accordingly.