In a bail and anticipatory bail petition, the High Court allowed the petitioner's plea for absolute bail when the interim bail granted earlier was found to be complied with and the arrestee joined investigation willingly.
The interim bail granted vide order dated 12.11.2010 is made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-31478 of 2010 (O&M) Date of decision: 13.12.2010
Jaspal Singh @ Pala
......Petitioner
Versus
State of Punjab and another
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.D.K.Bhatti, 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.12 dated 20.1.2010, under Sections 323/ 324/ 452/ 506/ 148/ 149 later on added Sections 326/ 307 of the Indian Penal Code at Police Station Sadar, Jalandhar.
While issuing notice of motion, the following order was passed by this Court on 12.11.2010:-
“Notice of motion for 13.12.2010.
In the meantime, in the event of arrest, the
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Criminal Misc. No.M-31478 of 2010 (O&M)
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 ASI Amrik 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 granted vide order dated 12.11.2010 is made absolute.
(SABINA) JUDGE
December 13, 2010 anita
3 issues framed by the court
Whether the interim anticipatory bail granted vide order dated 12.11.2010 should be made absolute since the petitioner has joined investigation.
Whether any opinion needs to be expressed on the merits of the case regarding the discharge or conviction.
Whether the petition under Section 438 Cr.P.C. stands allowed in the special circumstances of the case.
2 provisions across 1 enactments
Jaspal Singh @ Pala
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
