Punjab-Haryana High Court
Ajay Kumar vs State Of Punjab on 13 March, 2024
Neutral Citation No:=2024:PHHC:035768
2024:PHHC:035768
212
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-6906 of 2024
Date of Decision: March 13, 2024
Ajay Kumar
......Petitioner
versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
***
Present : Mr. Aditya Dassaur, Advocate
for the petitioner
Mr. Sandeep Kumar, DAG Punjab
***
Harpreet Singh Brar, J. (Oral)
1. Prayer in the petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.151 dated 19.12.2023 registered under Sections 384, 506, 120-B IPC at Police Station Sarabha Nagar, Ludhiana, District Ludhiana.
2. On 09.02.2024, the following order was passed :-
"The present petition has been filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) for grant of anticipatory bail to the petitioner in FIR No.151 dated 19.12.2023 registered under Sections 384, 506, 120-B IPC at Police Station Sarabha Nagar, Ludhiana, District Ludhiana.
Learned counsel for the petitioner, inter alia, contends that the petitioner has been implicated falsely in the present case. The maximum sentence provided for the offences alleged to be committed in the FIR registered against the petitioner is upto 3 years and no notice under Section 41A Cr.P.C. has been issued to 1 of 3 ::: Downloaded on - 14-03-2024 08:41:38 ::: Neutral Citation No:=2024:PHHC:035768 2024:PHHC:035768 Crl. Misc. No. M-6906 of 2024 -2- the petitioner. As such, in view of the ratio of law culled out in the judgment of the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51, the petitioner is entitled for bail. It is further contended that similarly situated co-accused has been granted concession of interim bail vide order dated 30.01.2024 passed in CRM-M No.4604 of 2024 titled as Vijay Kumar and another Vs. State of Punjab.
Notice of motion.
On the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, who is present in Court, accepts notice on behalf of the respondent-State and opposes the prayer for grant of anticipatory bail to the petitioner.
In the meantime, keeping in view the law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC 352, at the first instance, the petitioner is directed to appear before the Investigating Officer on or before 16.02.2024 and on his doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating Officer and abide by the conditions as provided under Section 438 (2) Cr.P.C.
If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in investigation, in terms of the order of this Court.
Adjourned to 13.03.2024.
Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. "
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3. Learned State counsel, on instructions from ASI Subhash Raj, states that pursuant to order dated 09.02.2024, the petitioner has joined the investigation and is no more required for custodial interrogation.
4. In view of the statement of learned State counsel, order dated 09.02.2024 is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 438(2) Cr.P.C.
5. Petition stands disposed of.
6. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial court shall proceed without being prejudiced by observations of this Court.
(HARPREET SINGH BRAR) JUDGE March 13, 2024 reena Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Neutral Citation No:=2024:PHHC:035768 3 of 3 ::: Downloaded on - 14-03-2024 08:41:39 :::