This petition sought anticipatory bail under Section 438 CrPC for an FIR alleging cheating. The court, noting the petitioner joined the investigation and the lease deed was cancelled, converted an interim bail order into an absolute one without expressing an opinion on merits.
The interim bail granting order dated 8.9.2010 is made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-24254 of 2010(O&M) Date of decision: 8.12.2010
Mahant Tarsem Chand
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.L.S.Sidhu, Advocate, for the petitioner.
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. 161 dated 15.7.2010, under Sections 420 and 120-B of the Indian Penal Code at Police Station City Mansa.
The following order was passed by this Court on
8.9.2010:-
“ Learned counsel for the petitioner has submitted that the petitioner will get the lease deed cancelled and hand over the possession to the school.
Criminal Misc. No.M-24254 of 2010(O&M) -2-
Notice of motion for 15.9.2010.
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 conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.”
Learned counsel for the petitioner has submitted that the lease deed has since been cancelled.
Learned State counsel, on instructions from HC Jagmail Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above and is not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the interim bail granting vide order dated 8.9.2010 is made absolute.
(SABINA) JUDGE
anita
December 08, 2010
1 issue framed by the court
Whether to convert interim anticipatory bail granted on 8.9.2010 into an absolute order in light of the fact that the petitioner has joined the investigation.
2 provisions across 1 enactments
Mahant Tarsem Chand
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
