Single judge order in a bail petition under Section 438 Cr.P.C. The Court converted a condition of interim bail to absolute bail after the State submitted that the petitioner had joined investigation and was not needed for further custody, with no recovery required.
The interim bail order dated 23.7.2012 was 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 FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-20667 of 2012 (O&M) Date of decision:August 08, 2012.
Gurvinder Singh @ Ginda
... Petitioner(s)
v.
State of Punjab
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri Amarjit Markan, Advocate, for the petitioner.
Shri J.S. Bhullar, Assistant Advocate General, Punjab.
Paramjeet Singh, J. (Oral):
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No.93 dated 10.6.2012, registered at Police Station Shimla Puri, Ludhiana City, District Ludhiana, under Sections 307, 427, 148, 149IPC and 25/27/54/59 of the Arms Act.
This Court, while issuing notice of motion on 23.7.2012, directed that in the event of arrest, the petitioner would be released on interim bail to the satisfaction of the arresting/investigating officer in connection with the aforesaid case FIR.
Counsel for the State, after seeking instructions from ASI Baljinder Singh, submits that the petitioner has joined the investigation and is not required for further custodial interrogation.
Having heard learned Counsel for the parties and keeping in view the fact that no recovery is to be effected from the petitioner, the order dated 23.7.2012 is made absolute.
Disposed of.
August 08, 2012. kadyan
[ Paramjeet Singh ] Judge
3 issues framed by the court
Whether the interim bail order dated 23.7.2012 should be made absolute in light of the petitioner not being required for further custodial interrogation.
Whether the conditions imposed under Section 438 Cr.P.C. warrant continued detention of the petitioner.
Whether no recovery is required from the petitioner justifies grant of absolute bail.
3 provisions across 3 enactments
Gurvinder Singh @ Ginda
State of Punjab
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
