The High Court allowed a petition seeking anticipatory bail under Section 438 Cr.P.C. for a default bail applicant who had joined the investigation. Bail is granted subject to statutory conditions.
Petition allowed. Anticipatory bail granted to the petitioner subject to conditions under Section 438(2) Cr.P.C.
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 AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-35206 of 2010 Date of decision : 21.12.2010
Rupinder Kaur
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. H.S. Gill, Sr. Advocate with Mr. Vivek Goyal, Advocate for the petitioner.
Dr. U.S. Dhaliwal, Additional Advocate General, Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in a case registered against the petitioner vide FIR No. 264 dated 06.11.2010 under Sections 420/465/468/471/120-B IPC and Section 12 of the Passport Act, 1967 at Police Station Nakodar, District Jalandhar.
Learned counsel for the State (on instructions from ASI Hoshiar Singh, who is present in court) submits that pursuant to order dated 01.12.2010, the petitioner has joined the investigation and is no longer required for custodial interrogation.
In view of the above, the instant petition is allowed. The petitioner is granted the concession of anticipatory bail subject to the conditions as envisaged under Section 438(2) Cr.P.C.
December 21, 2010 (RAJAN GUPTA) Ajay JUDGE
1 issue framed by the court
Whether the petition seeking anticipatory bail under Section 438 Cr.P.C. merits allowance given the petitioner's cooperation in investigation.
4 provisions across 3 enactments
Rupinder Kaur
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
