This is an application under Section 438 Cr.P.C. for anticipatory bail. The High Court accepted the petition, making an interim bail order absolute by concluding that the petitioner posed no flight risk and was cooperating with the investigation.
Petitioner's anticipatory bail application accepted; interim bail order of 23.04.2012 made absolute.
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
Crl. Misc. No.M-10412 of 2012(O&M) Date of Decision: May 07, 2012.
Chaman Lal
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sarju Puri, Advocate for for the petitioner.
Mr. Palwinder Singh, Sr. D.A.G., Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.21 dated 29.02.2012 under Sections 420, 406 and 409 of Indian Penal Code, registered at Police Station Rahon, District SBS Nagar.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Shaheed Bhagat Singh Nagar dismissing anticipatory bail application filed on behalf of the petitioner.
This Court while issuing notice of motion on 23.04.2012 passed the following order:-
“Crl.M.Nos.23117-118 of 2012
Requests for placing on record copy of surety bond, Annexure P4.
CRM No.M-10412 of 2012
2
The same is taken on record subject to all just
exceptions.
Both the applications stand disposed of
accordingly. Crl.M.No.21414 of 2012
Application is allowed subject to all just exceptions. Crl.M.No.M-10412 of 2012
Contends that petitioner has not committed any offence and that he was not, in any manner, employed in the society and rather co-accused Madan Lal and Raj Kumar, who were employed as Salesman, committed embezzlement of the funds of the society. Further submitted that as per surety bond, Annexure P4, his liability was limited to .10,000/- and that he is still ready to reimburse the Society for the loss caused by Madan Lal to the extent of .10,000/- for whom he stood surety. Further contends that he is ready to deposit `.10,000/- with the society and, however, they are not ready to accept the same.
Notice of motion to Advocate General, Punjab, for
7.5.2012.
However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”
It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 23.04.2012.
It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation.
CRM No.M-10412 of 2012
3
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioner Chaman Lal is accepted and order dated 23.04.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
( RAM CHAND GUPTA ) May 07, 2012. JUDGE Sachin M.
2 issues framed by the court
Whether the anticipatory bail application filed by the petitioner should be accepted given his cooperation with the investigation and lack of flight risk.
Whether the interim bail order previously granted should be made absolute.
2 provisions across 1 enactments
Chaman Lal
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
