The High Court of Punjab & Haryana converted interim anticipatory bail granted on 16.8.2010 to absolute bail for the petitioner, who had joined the investigation following the interim order, without expressing an opinion on the merits.
Interim anticipatory bail granted on 16.8.2010 is made absolute; petition disposed of.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M- No.22228 of 2010 Date of Decision: September 20, 2010
Akil
...........Petitioner
Versus
State of Haryana
..........Respondent
Coram: Hon'ble Mrs.Justice Sabina
Present: Mr. Satinder Kumar, Advocate for Mr.Sarfraj Hussain, Advocate for the petitioner Mr.Satyavir Singh Yadav, Deputy Advocate General, Haryana
Sabina, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of anticipatory bail in FIR No. 159 dated 16.5.2010 under Sections 398, 401 of Indian Penal Code (in short 'IPC') and Section 25 of the Arms Act,1959 registered at Police Station Punhana, District Mewat..
The following order was passed by this Court on
16.8.2010 :-
“List again on 20.9.2010.
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 provisions of Section 438(2) Cr.P.C..”
Criminal Misc. M- No.22228 of 2010 -2-
Learned State counsel, on instructions from HC Yahiya Khan, has submitted that in terms of the above order, the petitioner has joined the investigation.
Accordingly, without expressing any opinion on the merits of the case, the interim bail granted by this Court on 16.8.2010 is made absolute.
Petition stands disposed of accordingly.
( Sabina ) Judge
September 20, 2010 arya
2 issues framed by the court
Whether the petition for anticipatory bail under Section 438 Cr.P.C. is entitled to further relief given the petitioner joined the investigation after interim bail.
Whether the interim anticipatory bail granted earlier should be made absolute.
4 provisions across 3 enactments
Akil
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
