Single judge allowed an anticipatory bail petition under Section 438 CrPC by making the previous order absolute, noting the petitioners had joined investigation and no longer required for custodial interrogation.
Order dated 01.04.2011 made absolute 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-2124 of 2011 Date of decision : 01.04.2011
Vicky and others
....Petitioners
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.K. Arora, Advocate for the petitioners.
Mr. Arshvinder Singh, Deputy 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 petitioners vide FIR No. 204 dated 02.10.2010 under Sections 336/427/380/148/149 IPC and Sections 25/27/54/59 of the Arms Act at Police Station City Ferozepur.
Learned counsel for the State (on instructions from Head Constable Kulwant Singh, who is present in court) submits that pursuant to order dated 24.01.2011, the petitioners have joined the investigation and are no longer required for custodial interrogation.
In view of the above, order dated 24.01.2011 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.
Disposed of.
April 01, 2011 Ajay
(RAJAN GUPTA) JUDGE
1 issue framed by the court
Whether anticipatory bail order should be made absolute given the petitioner has joined investigation.
2 provisions across 1 enactments
Vicky and others
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
