The High Court of Punjab and Haryana granted pre-arrest bail to the petitioner, a witness in an investigation regarding a notice for execution of partition order, treating the case as not warranting custodial interrogation.
The petition was allowed and the interim bail order dated 11.07.2011 was made absolute.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc. No.M-14352 of 2011. Date of decision: September 08, 2011.
Mahender
.. Petitioner
VERSUS
State of Haryana.
.. Respondent
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.R.S.Rai, Sr., Advocate, with Mr.Anurag Arora, Advocate, for the petitioner.
M.M.S.BEDI, J (ORAL).
SI Jai Bhagwan, present in the Court informs that the petitioner has joined investigation.
The petitioner is alleged to have witnessed a report of refusal dated 10.08.2010, made by Process Server in a notice for execution of partition order.
Counsel for the petitioner has submitted that no benefit has been derived by the petitioner or other co-sharers on the basis of the alleged report.
Taking into consideration, the nature of the allegations and the fact that the petitioner has joined investigation, he can be granted the concession of pre-arrest bail as it does not appear to be a case of custodial interrogation.
The petition is allowed. Interim order dated 11.07.2011, is hereby made absolute subject to all the conditions under Section 438 (2) Cr.P.C.
(M.M.S.BEDI) JUDGE
September 08, 2011. rka
1 issue framed by the court
Whether the petitioner, a witness who has joined investigation, is entitled to the concession of pre-arrest bail.
1 provisions across 1 enactments
Mahender
State of Haryana
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
