201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-6716 of 2017 (OM)
Date of Decision: August 16, 2017
Mustakeem
…Petitioner
VERSUS
The State of Haryana
…Respondent
CORAM: HON’BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Gautum Dutt, Advocate
for the petitioner.
Mr.D.R.Singla, Deputy Advocate General, Haryana
for the respondent-State.
****
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 438 Cr.P.C. for
grant of anticipatory bail in case FIR No.41 dated 01.02.2017 under Section
7 of the Essential Commodities Act, 1955 and Section 406 IPC, registered at
Police Station Hathin, District Palwal.
Notice of motion was issued. Learned State counsel appeared
and contested the petition.
I have heard learned counsel for the petitioner as well as
learned State counsel and have gone through the record.
As per the prosecution version, on the checking of ration card
and tallying of Shell Register and Stock Register, it has been found that
entries have not been made by the Depot holder Mustkeem and entry has
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been shown in Shell Register but no signatures of anyone are available and
only thumb impressions have been affixed. 10 B.P.L. Cards and 6 A.A.Y.
Cards were taken into custody. It is the allegation that in the Stock
Register, which has been shown, the stock for 11/2016 and 12/2016 is NIL
and has not been distributed amongst the poor.
The petitioner has already joined the investigation. He is not
required for custodial interrogation. The trial of the case will take long
time. No useful purpose will be served by sending the petitioner to custody.
Keeping in view the facts and circumstances of the case and
without discussing the facts of the case in minute details and without
expressing any opinion on the merits of the case, I find it a fit case, where
the petitioner is entitled to benefit of grant of anticipatory bail. Therefore,
the present petition is accepted and the order dated 01.03.2017 granting
interim bail to petitioner, is made absolute.
August 16, 2017 (INDERJIT SINGH)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable No
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