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2020 DIGILAW 1680 (PNJ)

Harbhajan Singh v. State Of Punjab

2020-09-14

LISA GILL

body2020
JUDGMENT Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. 2. Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.53 dated 01.06.2018, under Sections 452, 323, 34 IPC, Police Station Cantt. Ferozepur, District Ferozepur. 3. The petitioner, it is submitted, has been falsely implicated in the above mentioned FIR. Petitioner is stated to be a tenant of the complainant. Litigation regarding rented property was pending. Rent petition filed by the complainant stands dismissed on 20.09.2019. The police authorities, it is submitted, did not take any action in the FIR, since its registration in 2018. The petitioner, it is further submitted, has joined investigation pursuant to order dated 05.08.2020 and undertakes to extend full cooperation to the investigating authority at all times. 4. I have heard learned counsel for the parties. 5. Learned counsel for the State on instructions from ASI Surinder Singh, affirms that the petitioner has joined investigation and his custodial interrogation is not required. No recovery is to be effected. Relationship of landlord and tenant is also verified. 6. 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. Consequently, order dated 05.08.2020 is made absolute. Needless to say, the petitioner shall comply with the conditions stipulated under Section 438(2) of Cr.P.C. 7. 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.