Single judge allowed an anticipatory bail petition under Section 438 CrPC, making the order absolute on the State's submission that custodial interrogation is no longer required for the FIR registered under Sections 61 of Punjab Excise Act.
Petition allowed; order made absolute till presentation of challan subject to four 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.
CRM-M-26252 of 2018
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-26252 of 2018 Date of Decision: 23.08.2018
Ravi
....Petitioner
VERSUS
State of Punjab ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Jaswinder S. Waraich, Advocate for Mr. Damanjeet Bhoriwal, Advocate for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.46 dated 22.03.2018 registered for the offence punishable under Sections 61 of Punjab Excise Act, at Police Station City-1, Abohar, District Fazilka.
Heard.
Learned State counsel on instructions from SI Baldev Singh submits that the petitioner has joined the investigation and his custodial interrogation is no more required for the purpose of further investigation of the case.
In view of submission of learned State counsel but without expressing any opinion on the merits of the case, this petition is allowed and order dated 19.06.2018 is made absolute till the presentation of challan, subject to the following terms:-
(i) that the petitioner shall make himself available for
JITENDER KUMAR 2018.08.23 17:05 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
CRM-M-26252 of 2018
-2-
interrogation by the police as and when required;
(iv) that the petitioner will seek regular bail on the presentation of challan in Court.
August 23, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
JITENDER KUMAR 2018.08.23 17:05 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner under Section 438 CrPC.
Whether to make the order absolute with specific conditions.
1 provisions across 1 enactments
Ravi
State of Punjab
Surinder Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
