High CourtsSINGLE BENCH(2017) 11 P&H CK 0045

Rajiv Sharma @ Rajiv Kumar @ Nona vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 November 2017

HON’BLE JUDGES
Anupinder Singh Grewal
RESULT
Disposed
CASE NUMBER
M-27108 of 2017

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Judgment

31 paragraphs · 281 words
1.

The petitioner is seeking anticipatory bail in FIR No.19

dated 11.05.2011 under Sections 302 / 323 / 34 / 195-A IPC,

registered at Police Station Islamabad, District Amritsar City.

2.

Learned counsel for the petitioner contends that cause

of death of deceased-Rattan Chand Verma is "failure of functions

of heart as a result of coronary artery Atherosclerosis and

Myocardial Fibrosis". The matter was investigated and the

Assistant Commissioner of Police, Central, Amritsar, had

expressed his satisfaction with the inquiry conducted by the SHO,

wherein it was stated that deceased Rattan Chand Verma had

died due to heart attack caused by natural circumstances and

therefore, nobody is responsible for the same. This was also

accepted by the Commissioner of Police, Amritsar on 22.10.2011.

She further contends that the respondents are trying to reopen

the matter after a lapse of seven years, without any fresh

material which may have come to light in the interregnum.

3.

This Court, by the order dated 16.08.2017, had

directed the petitioner to join investigation and in the event of his

arrest, he was ordered to be released on ad-interim bail to the

satisfaction of Arresting/Investigating Officer, subject to the

conditions envisaged under Section 438(2) Cr.P.C.

4.

Learned State counsel, upon instructions from ASI

Naresh Kumar, states that in pursuance to the order dated

16.08.2017, the petitioner has joined investigation and is not

required for custodial interrogation.

5.

In view of the above and without expressing any

opinion on the merits of case, the order dated 16.08.2017,

granting ad-interim bail to the petitioner, is hereby made

absolute. However, the petitioner shall abide by the conditions

envisaged under Section 438(2) Cr.P.C.

6.

The petition stands disposed of accordingly.