The Court allowed a petition for anticipatory bail dated 4.3.2010. After noting that the petitioners were already participating in the investigation under an interim order, the Court made the order absolute without expressing an opinion on the merits of the case.
The interim order granting bail dated 7.4.2010 is made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-10310 of 2010(O&M) Date of decision: 19.8.2010
Manoj Kumar @ Mouji and another
......Petitioners
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: None
for the petitioners.
Mr.Amandeep Singh Rai, AAG, Punjab.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 67 dated 4.3.2010, under Sections 323/ 365/ 382/ 341/ 506/ 427/ 148/ 149 of the Indian Penal Code at Police Station Shimlapuri District Ludhiana.
While issuing notice of motion, the following order was passed by this Court on 7.4.2010:-
“ Learned counsel for the petitioners has submitted that as per the allegation in the FIR driver of the complainant, namely, Jeeta had been abducted. As
Criminal Misc. No.M-10310 of 2010(O&M) -2-
per affidavit of the driver (Annexure P-1), he had not been abducted by the accused.
Notice of motion for 23.7.2010.
In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.”
Learned State counsel, on instructions from HC Jaswinder Singh, has submitted that the petitioners have joined investigation in terms of the order reproduced above and are not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 7.4.2010 is made absolute.
(SABINA) JUDGE
August 19, 2010
anita
2 issues framed by the court
Whether the interim anticipatory bail order dated 7.4.2010 should be made absolute.
Whether it is necessary to express an opinion on the merits of the bail application.
2 provisions across 1 enactments
Manoj Kumar @ Mouji
another
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
