Punjab-Haryana High Court
Partap Singh vs State Of Punjab on 23 August, 2023
CRM-M-30612-2023 2023:PHHC:109840
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
211 CRM-M-30612-2023
Date of decision: 23.08.2023
Partap Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Mohit Giri, Advocate, for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY. J.
1. On 15.06.2023, this Court had passed the following order:-
The present petition has been filed under Section 438
Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR
No. 16 dated 26.02.2023, registered under Sections 452, 427,
148, 149 and 120-B of the Indian Penal Code at Police Station
Daresi, District Police Commissionerate Ludhiana.
Learned counsel contends that the petitioner has been
falsely implicated in this case. The Activa which was stated to
have been left behind at the spot, is not in the ownership of the
petitioner. The matter has since been settled as per the affidavit
of the complainant Ram Tirath, Annexure P-1. He is not
involved in any other case. The petitioner is ready and willing to
join the investigation as and when required by the investigating
agency.
Notice of motion for 23.08.2023.
At the asking of the Court, Mr. Vinay Kumar Gupta,
AAG, Punjab accepts notice on behalf of respondent-State.
Meanwhile, the petitioner is directed to join the
investigation on or before 22.06.2023. In the event of his arrest,
he shall be released on interim bail to the satisfaction of the
Arresting Officer, subject to compliance of conditions as
enshrined under Section 438(2) Cr.P.C.
However, it is clarified that if the petitioner does not join
and cooperate with the Investigating Agency as required by the
Arresting/Investigating Officer, this interim order shall be
deemed to have been vacated.
Ankur Goyal
2023.08.23 17:08
I attest to the accuracy and
integrity of this order/judgment
CRM-M-30612-2023 2023:PHHC:109840
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2. Learned counsel for the petitioner submits that in pursuance of the
aforesaid order, the petitioner has not only joined investigation but also fully
cooperated with the investigating agency. He further submits that in case the
investigating agency requires the petitioner to appear, he shall make himself
available without demur.
3. Learned State counsel on instructions from ASI Sukhwinder Singh
affirms the factum of joining the investigation by the petitioner and cooperating
with the investigating agency. He also submits that at this stage, the petitioner is
not required for further custodial interrogation.
4. In view of the above and without expressing any opinion on the
merits of the case, anticipatory bail petition filed by the petitioner is allowed and
the order dated 15.06.2023 granting interim bail to him, is hereby made absolute,
subject to compliance of conditions as specified under Section 438(2) Cr. P.C
5. However, it is made clear that if the petitioner fails to join and
cooperate with the investigating agency as and when required, the State would be
at liberty to move an application for cancellation of the present anticipatory bail
granted to him.
(AMAN CHAUDHARY)
JUDGE
23.08.2023
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Ankur Goyal
2023.08.23 17:08
I attest to the accuracy and
integrity of this order/judgment
