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Narinder Nagpal & Anr vs State Of Punjab on 17 January, 2018

CRM No.M-49282 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 49282 of 2017(OM)
Date of Decision: January 17 , 2018.

Narinder Nagpal and another …… PETITIONER (s)

Versus

State of Punjab …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Vikas Kumar, Advocate
for the petitioners.

Ms. Seena Mand, DAG, Punjab.

Ms. Seema Arora, Advocate for
Mr. C.M.Munjal, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the

petitioners in FIR No.110 dated 08.12.2017 under Sections 452/354/506/323/34

IPC, registered at Police Station Sadar Abohar, District Fazilka.

Contentions on behalf of the petitioners recorded by this Court

while issuing notice of motion on 21.12.2017, read as under:-

“It is submitted that the petitioners are sought to be
implicated in this case due to a business rivalry as petitioner No.1 is

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CRM No.M-49282 of 2017
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running a brick-kiln at village Bahadur Khera. The FIR in question,
it is stated, is registered at the instance of the owner of the adjoining
brick-kiln. DDR dated 24.10.2017 was registered at the instance of
the brother of the present complainant. No allegations inviting the
rigours of Section 354 IPC were raised in the FIR. The complainant
sought to raise such allegations in her supplementary statement.
The petitioners, it is submitted, are not involved in any other
criminal proceedings.”

Learned counsel for the petitioners submits that an inquiry is being

conducted into this matter by the Deputy Superintendent of Police (Head

Quarters), Fazilka. Both the said petitioners have joined the said inquiry. They

undertake to face the proceedings and not misuse the concession of anticipatory

bail, if afforded to them. Therefore, it is prayed that this petition be allowed.

Learned counsel for the State, on instructions from ASI Sahib

Singh, verifies that the matter is being look into by the Deputy Superintendent of

Police (Head Quarters), Fazilka. The petitioners, it is verified, are not involved

in any other criminal case.

There are no allegations on behalf of the State that the petitioners

are likely to abscond or that they are likely to dissuade the witnesses from

deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances as above but without

commenting upon or expressing any opinion on the merits of the case, this

petition is allowed. In the event of the arrest of the petitioners, they shall be

released on bail to the satisfaction of the Arresting/Investigating Officer.

Petitioners shall comply with the conditions stipulated in Section 438(2) Cr.P.C.

It is made clear that the petitioners shall not directly or indirectly try

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CRM No.M-49282 of 2017
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to contact the complainant, the victim or any of her family members or witnesses

in this case. Any such infraction on the part of the petitioners may entail

cancellation of their bail.

It is clarified that none of the observations made hereinabove shall

be construed to be a reflection on the merits of the case. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
January 17 , 2018. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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