Punjab-Haryana High Court
Chamkaur Singh vs State Of Punjab on 30 November, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
ASHISH
2023.12.01 04:36
207 2023:PHHC:152312
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.43379 of 2023 (O&M)
Date of Decision: 30.11.2023
Chamkaur Singh .....Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Manvinder Sidhu, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Sr. D.A.G., Punjab.
Re
PANKAJ JAIN, J. (ORAL)
While issuing notice of motion on 01.09.2023 the following
order was passed:-
"Apprehending his arrest in FIR No.0175 dated
02.07.2023 registered under Section 15(b) of the NDPS Act
No.61 of 1985 at Police Station Civil Lines, Bathinda,
District Bathinda, petitioner seeks pre-arrest bail.
Learned counsel for the petitioner inter alia submits
that the petitioner has been nominated on the basis of
disclosure made by his own brother with which he has
dispute and in order to prove the same reliance is being
placed upon Panchayati compromise dated 17.06.2023
(Annexure P-1).
Notice of motion of 30.11.2023..
On the asking of the Court, Mr. Tarun Aggarwal, Sr.
DAG, Punjab appears and accepts notice on behalf of the
respondent-State.
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ASHISH
2023.12.01 04:36
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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."
2. Today, the learned State counsel, on instructions from S.I.
ASI Jagsir Singh has stated that pursuant to order dated 01.09.2023 the
petitioner has joined investigation and is no longer required for custodial
interrogation.
3. In view of above, the interim order dated 01.09.2023 passed
by this Court is made absolute, subject to the conditions as enumerated
under Section 438(2) Cr.P.C.
4. This order should not be treated as "blanket" order. It will
not be read granting petitioner indefinite protection from arrest. It shall
be confined to the FIR mentioned ibid and will not operate in respect of
any other incident that involves commission of an offence.
5. This order does not in any manner limit or restrict the rights
or duties of the police or investigating agency, to investigate into the
charges against the petitioner.
6. The petitioner shall be deemed to be in custody for the
purpose of Section 27 of the Evidence Act, 1872 in regard to a discovery
of facts made in pursuance of information supplied by the petitioner in
case the occasion arises.
7. It will be open to the police or the investigating agency to
move this court for a direction under Section 439 (2) Cr.P.C. to arrest
the accused, in the event of violation of any term, such as
absconding,
ASHISH
2023.12.01 04:36
non-cooperating during investigation, evasion, intimidation or
inducement to witnesses with a view to influence outcome of the
investigation or trial.
8. Petition stands disposed off.
9. Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
10. Pending application(s), if any, shall also stand disposed off.
(PANKAJ JAIN )
JUDGE
November 30, 2023
ashish
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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integrity of this judgment/order
