Punjab-Haryana High Court
Sehbaj Alias Saju Alias Mohd. Shahbaaz vs State Of Punjab on 14 August, 2024
Neutral Citation No:=2024:PHHC:105981
213
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-26604-2024
Date of Decision : 14.08.2024
SEHBAJ ALIAS SAJU ALIAS MOHD. SHAHBAAZ
.....Petitioner(s)
VERSUS
STATE OF PUNJAB
.....Respondent(s)
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Ravi Malhotra, Advocate,
for the petitioner(s).
Mr. Sahil R. Bakshi, AAG, Punjab.
KULDEEP TIWARI, J.(Oral)
1. On 27.05.2024, a co-ordinate bench of this Court had passed
the hereinafter extracted order, upon the instant petition:-
"Prayer is for grant of anticipatory bail to the petitioner in
criminal case having FIR No.180 dated 2.7.2021 registered under
Sections 307, 323, 324, 341, 506, 148, 149 IPC at Police Station
Haibowal, District Ludhiana.
Counsel for the petitioner submits that the petitioner was not
named in the FIR and was not aware about the pendency of any such
has criminal case and the Court concerned has wrongly initiated
proceedings under Section 82 of Cr.P.C. against the petitioner. It is
further submitted that co-accused who faced trial are acquitted by the
Court concerned vide judgment dated 5.12.2022 (Annexure P-3); that
the petitioner who is having no criminal history, is ready to join
investigation with the police.
Notice of motion.
Mr. Jasjeet Singh Dhaliwal, AAG, Punjab accepts notice on
behalf of the State and has not disputed the fact that the petitioner was
not named in the FIR and that co-accused, who faced trial, were
acquitted vide judgment Annexure P-3 and that the petitioner is having
no criminal antecedents.
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Neutral Citation No:=2024:PHHC:105981
Now be listed on 14.8.2024.
In the meantime, the petitioner is hereby directed to join the
investigation with the police and in case of arrest, he is to be released on
interim bail by the investigating officer/arresting officer to his own
satisfaction till the next date fixed in this case. The petitioner is also to
abide by the conditions envisaged under Section 438 (2) of Cr.P.C."
2. Today, the learned State counsel has, on instructions
imparted to him by ASI Harcharan, stated that pursuant to the making of
the hereinabove extracted order, the petitioner(s) had joined investigation
and he is no longer required for custodial interrogation.
3. In view of the above, the hereinabove extracted interim order
dated 27.05.2024, is hereby made absolute, subject to the hereinafter
extracted conditions:-
"(i) the petitioner(s) shall not commit an offence similar to the
present offence;
(ii) the petitioner(s) shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case;
(iii) the petitioner(s) shall make himself/herself available for
interrogation by a police officer as and when required."
4. This order should not be treated as "blanket" order. It will
not be read granting petitioner(s) 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. Needless to say that anything observed hereinabove shall not
be construed to be an opinion on the merits of the case.
(KULDEEP TIWARI)
August 14, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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