High CourtsSingle Bench(2020) 11 P&H CK 0123

Sunny @ Swaraj Bhagat vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 November 2020

HON’BLE JUDGES
Arvind Singh Sangwan, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 28318 Of 2020 (O&M)

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Judgment

24 paragraphs · 380 words

Arvind Singh Sangwan, J

The petitioner prays for grant of anticipatory bail in FI No.71 dated 16.08.2020, under Sections 276, 307, 452, 427, 506, 34IPC at Police Station Naya

Gaon, District SAS Nagar (Mohali).

The operative part of the order dated 17.09.2020, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....The matter has been taken up for hearing through video conferencing due to COVID-19 situation. The present petition is filed

seeking anticipatory bail in FIR No. 71 dated 16.08.2020, under Sections 276, 307, 452, 427, 506, 34 IPC at Police Station Naya Gaon,

District SAS Nagar (Mohali). The FIR is at the instance of Ravinder Pal Singh Pali, Proprietor of Hotel Blue Moon, Naya Gaon. The

allegations in the FIR are that two youths came to the hotel on 15.08.2020 in inebriated condition, they asked for room and on refusal they

ransacked the hotel.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and there are no injuries to anyone and no CCTV

Footage is there. Learned State counsel appearing on advance notice submits that the petitioner has been specifically named in the FIR. She

opposes the prayer made by the petitioner.

In the FIR there are no specific role attributed to the petitioner and there is no injury suffered. Learned State counsel has received no

instructions as to availability of CCTV footage or any other evidence to support the alleged incident.

Considering the facts and circumstances of the case and the allegations in FIR are prima-facie vague, interim bail is granted to the

petitioner subject to joining the investigation within two weeks. He shall be bound by the conditions as envisaged under Section 438(2)

Cr.P.C.

List on 26th November, 2020....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 17.09.2020, the petitioner has appeared before the

Investigating Officer and has joined the investigation.

Counsel for the State, on instructions from ASI Jasbir Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for

further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 17.09.2020 is made absolute subject to the

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