The High Court of Punjab and Haryana allowed a petition for pre-arrest bail under Section 438 Cr.P.C. where the petitioner had already joined the investigation pursuant to an earlier order, rendering custodial interrogation unnecessary.
Order dated January 12, 2018, made absolute subject to Section 438(2) conditions.
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
CRM-M-1162-2018
Date of decision: 21.03.2018
Ravi Singh
…. Petitioner
V/s
State of Punjab
...Respondent(s)
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. J.S. Khiva, Advocate, for the petitioner.
Mr. C.L. Pawar, Sr. DAG, Punjab.
Rajan Gupta, J. (Oral)
This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No.0105 dated 05.12.2017 under Section 61 of Excise Act, at Police Station Sadar Budhlada, District Mansa.
Learned counsel for the State on instructions from HC Sukhbir Singh, submits that pursuant to order dated January 12, 2018, petitioner has joined investigation and is no longer required for custodial interrogation.
In view of the above, order dated January 12, 2018, is hereby made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
Disposed of.
(RAJAN GUPTA) March 21, 2018 JUDGE sukhpreet
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Sukhpreet Kaur 2018.03.22 23:02 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether petitioner's pre-arrest bail petition under Section 438 Cr.P.C. should be allowed given that he joined investigation via earlier order.
2 provisions across 1 enactments
Ravi Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
