Rajesh Puri vs State Of Punjab
2023 Latest Caselaw 14490 P&H

                     CRM-M-32550-2023                                    2023:PHHC:113356
                                                                               1



                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                     214                                           CRM-M-32550-2023
                                                                   Date of decision: 29.08.2023

                     Rajesh Suri
                                                                               ..Petitioner

                                                       Versus

                     State of Punjab
                                                                               ..Respondent

                     CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

                     Present:      Ms. Poonaam, Advocate for
                                   Mr. Gautam Kaile, Advocate for the petitioner.

                                   Ms. Himani Arora, AAG, Punjab.

                            ***
                     AMAN CHAUDHARY, J.

1. On 14.07.2023, 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.89 dated 26.06.2023, registered under Sections 353, 186, 332, 427 and 34 IPC at Police Station Division No.2 District Pathankot.

Learned counsel contends that the injury alleged to have been caused by the petitioner is on the right wrist, which is simple in nature. There is a delay of 2 days in lodging the FIR. He is not involved in any other case and is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Manipal Singh Atwal, DAG Punjab accepts notice on behalf of respondent-State.

Meanwhile, the petitioner is directed to join the investigation on or before 21.07.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the conditions as enshrined under Section 438(2) Cr.P.C.

Ankur Goyal 2023.08.31 09:38 I attest to the accuracy and integrity of this order/judgment CRM-M-32550-2023 2023:PHHC:113356

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.

Adjourned to 29.08.2023. "

2. Learned counsel submits that in pursuance of the afore- mentioned 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 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 14.07.2023 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 )
                     29.08.2023                                           JUDGE
                     Ankur

                                       Whether speaking/reasoned :      Yes/No

                                       Whether reportable :             Yes/No




Ankur Goyal
2023.08.31 09:38
I attest to the accuracy and
integrity of this order/judgment