Punjab-Haryana High Court
Vansh Kumar vs State Of Punjab on 4 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No. 57035 of 2023 (O&M) ss: 2024: PHHC:030628
213 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 57035 of 2023 (O&M)
Date of decision : 04.03.2024
Vansh Kumar eee eae Petitioner
versus
StateofPunjabo ee Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
Present :-
REK
Ms. Vinni Mahajan , Advocate for
Mr. Jagdeep Singh, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
ae 3 2
PANKAJ JAIN, J. (ORAL)
On 14.11.2023 the following order was passed:-
"Apprehending his arrest in FIR No.150 dated 14.09.2023
registered for offence punishable under Section 420 IPC at Police
Station City-1, Mansa, the petitioner has preferred this petition
under Section 438 Cr.P.C. seeking pre-arrest bail.
Inter-alia submits that petitioner has been nominated merely
being brother of the main accused namely Chetan Goyal and the
only allegation qua him is that he went to the place of the
complainant to get the documents signed and raised a demand of the
remaining amount though the same was admittedly not paid.
Notice of motion.
On asking of the Court, Mr. Tarun Aggarwal, Sr. DAG,
Punjab appears and accepts notice on behalf of the
respondent/State.
Adjourned to 04.03.2024.
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.."
CRM-M No. 57035 of 2023 (O&M) 2: 2024: PHHC:030628
2 Learned State counsel on instructions from ASI Simrat Pal
SIngh has stated that pursuant to the order dated 14.11.2023 the petitioner
has joined investigation and is no longer required for custodial
interrogation.
3 In view of above, the interim order dated 14.11.2023 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, 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.
3024.03.05 10:07
T attest to the accuracy and
authenticity of this
order/judgment.
CRM-M No. 57035 of 2023 (O&M) 333: 2024: PHHC:030628
9 Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
04.03.2024
Pooja sharma-I
Whether speaking/reasoned Yes
Whether Reportable : No
