The court made the interim anticipatory bail order absolute. It noted the petitioner allegedly injured the victim and that culpability under Section 149 IPC was debatable, explicitly stating no custodial interrogation occurred.
The interim order dated 20.10.2016 was made absolute subject to conditions under Section 438(2) CrPC.
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.
Cr. Misc. M 35384 of 2016 Date of decision: 20.12.2016
Vivek Mal
Petitioner
vs.
State of Punjab
Respondent
Present: Mr. BS Randhawa, Advocate. Mr. Jashanpreet Singh, AAG, Punjab
M.M.S.BEDI,J.
On the instructions of ASI Rachpal Singh, it has been informed that the petitioner has joined the investigation.
With the assistance of counsel for the parties, I have gone through the record. Injured Prabhjot Singh had received 21 injuries from the members of the unlawful assembly. Three co-accused have already been arrested. So far as the petitioner is concerned, he has allegedly given an injury on the chest of the injured with a blunt weapon. The culpability of the petitioner with the aid of Section 149 IPC would be a debatable issue during trial. It does not appear to be a case of custodial interrogation.
The petition is allowed. Interim order dated 20.10.2016 is hereby made absolute subject to all the conditions u/s 438(2) Cr.P.C.
December 20 ,2016 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No
Tapinder Singh Mann 2016.12.20 17:53 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether to make the interim order of anticipatory bail absolute?
Whether the petitioner's involvement constitutes a case of custodial interrogation?
2 provisions across 2 enactments
Vivek Mal
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
