In an anticipatory bail petition under Section 438 CrPC, the Court held that since the petitioner has joined the investigation, the interim bail previously granted is made absolute without expressing opinion on the merits of the case.
The interim anticipatory bail granted earlier is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M- 11714 of 2010 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 11714 of 2010 (O&M) Date of Decision: August 17, 2010
Sukhvir Singh @ Babu Singh
........Petitioner
Versus
State of Punjab
........Respondent
CORAM : HON'BLE MRS. JUSTICE SABINA
Present: Mr. S.L.Chander Shekhar, Advocate, for the petitioner.
Mr. Amandeep Singh Rai, AAG, Punjab.
Mr. B.S. Bali, Advocate, for the complainant.
SABINA, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.108 dated 23.5.2009, under Sections 306/34 of Indian Penal Code, Police Station Division No.7, Ludhiana.
At the time of issuance of notice of motion on 23.4.2010, the following order was passed by this Court :-
"Notice of motion for 6.7.2010.
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.
Crl. Misc. No. M- 11714 of 2010 (O&M)
2
List along with CRM-M No.9781 of 2010”
Learned State Counsel, who is assisted by SI A.S. Grewal, has
submitted that in terms of the above order the petitioner has joined investigation.
Accordingly, without expressing any opinion on the merits of the case, the interim bail granted by this Court on 23.4.2010 is made absolute.
The petition stands disposed of accordingly.
August 17, 2010 Anand
(SABINA) JUDGE
2 issues framed by the court
Whether the interim anticipatory bail granted earlier in the case should be made absolute given the petitioner's participation in investigation.
Whether any opinion is necessary on the merits of the bail application in the present interim order.
2 provisions across 1 enactments
Sukhvir Singh @ Babu Singh
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
