CRM-M No.36072 of 2022 (O&M) on oe 204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36072 of 2022 (O&M) Date of decision : 15.11.2022 Balwinder Singh eee Petitioner versus StateofPunjab ae Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN Present :- Mr. Ramandeep, Advocate for the petitioner. Mr. Arun Gupta, AAG, Punjab. ke PANKAJ JAIN, J. (ORAL)
The petitioner has prayed for grant of pre-arrest bail in FIR No.98 dated 14.04.2022 registered under Sections 379, 34 IPC (Section 411 IPC added later-on), at Police Station Patran, District Patiala, Punjab. On 17.08.2022 while issuing notice of motion the following order was passed:-
" Apprehending his arrest in FIR No.98 dated 14th April, 2022, registered under Sections 379, 34 of the indian Penal Code, 1860 (Section 41] IPC added later on } at Police Station Patran, District Patiala, Punjab, petitioner seeks pre-arrest bail. Ld. Counsel for the petitioner inter alia contends that the petitioner was neither named in the FIR nor has been seen in the CCTV footage. Issue notice of motion returnable for 15th November, 2022. On asking of the Court, Ms. Amarjit Kaur Khurana, Dy. Advocate General, Punjab appears and accepts notice on behalf of the respondent- State.
In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C." POOJA SHARMA 2022.11.16 17:56 | attest to the accuracy and authenticity of this order/judgment. CRM-M No.36072 of 2022 (O&M) 2:
Today, learned State counsel, on instructions from ASI Amrik Singh, has stated that pursuant to the order dated 17.08.2022, the petitioner has joined investigation and is no longer required for custodial interrogation.
Be that as it may, it is a case wherein the petitioner was not named in the FIR. Even in the CCTV footage his presence was not found affirmed.
In view of above, the interim order dated 17.08.2022 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.
This petition stands disposed off.
Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case. (PANKAJ JAIN ) JUDGE 15.11.2022 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2022.11.16 17:56 | attest to the accuracy and authenticity of this order/judgment.