Punjab-Haryana High Court
Ashwani Kumar Alias Achhi vs State Of Punjab on 10 April, 2024
Neutral Citation No:=2024:PHHC:049038
2024:PHHC:049038
202 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-11438-2024
Date of decision: 10.04.2024
Ashwani Kumar alias Achhi ....Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Amit Dhawan, Advocate
for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
HARPREET SINGH BRAR, J. (ORAL)
The present petition has been filed under Section 438 Cr.P.C.
seeking anticipatory bail in case bearing FIR No.17 dated 17.02.2023 under
Sections 323/379-B/148/149/120-B of IPC in which offence under Section 379-
B of IPC has been deleted and offence under Section 397 of IPC has been added
later on registered at Police Station Basti Bawa Khel, District Police
Commissionerate Jalandhar.
On 04.03.2024, the following order was passed:-
'The instant 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.17 dated
17.02.2023 registered under Sections 323, 379-B, 148, 149, 120-B IPC
(Section 379-B IPC has been deleted and Section 397 IPC has been
added later on) at Police Station Basti Bawa Khel, District Police
Commissionerate Jalandhar.
Learned counsel for the petitioner, inter alia, contends that
there is a delay of 7 days in registration of the FIR and no injury has
been attributed to the petitioner. Moreover, a case of snatching has
been added only to aggravate the offence, otherwise the petitioner and
the complainant are well known to each other as they belong to the
same locality. The maximum punishment provided for the offence
alleged to be committed in the FIR (supra) is upto 7 years and no
notice under Section 41-A Cr.P.C. was served upon the petitioner. As
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Neutral Citation No:=2024:PHHC:049038
2024:PHHC:049038
such, in view of the ratio of law culled out in the judgment rendered by
the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022)
10 SCC 51, the petitioner is entitled for bail.
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 12.03.2024 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 10.04.2024.
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.'
Learned State counsel on instructions from ASI Barjinder Kumar,
at the very outset informs the Court that the petitioner has joined the
investigation and his custodial interrogation is not required.
In view of the statement of learned State counsel, order dated
04.03.2024 is hereby made absolute. The petitioner shall abide by the terms and
conditions envisaged under Section 438(2) Cr.P.C.
The petition stands disposed of.
(HARPREET SINGH BRAR)
JUDGE
10.04.2024
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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