The High Court made the interim anticipatory bail order absolute. The Court noted the petitioner had joined the investigation and no other case was pending against him.
The interim anticipatory bail order dated 20.01.2020 was made absolute, subject to conditions under Section 438(2) Cr.P.C.
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-1235 of 2020
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
202-5 CRM-M-1235 of 2020 Date of decision:23.07.2021
Surjit Singh
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:Mr. B.S.Bhalla, Advocate for Mr. Manoj Kumar, Advocate for the petitioner.
Mr. Sandeep Singh Deol, DAG, Punjab.
Mr. Shashi Kumar Yadav, Advocate for the complainant.
SUVIR SEHGAL, J. (Oral)
The Court has been convened through video conferencing due
to Covid-19 pandemic.
Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.73 dated 25.07.2019 registered under Sections 408, 420, 465, 467, 468, 120-B of Indian Penal Code, 1860 at Police Station Ajitwal, District Moga.
On 20.01.2020, following order was passed:-
“Learned counsel for the petitioner has referred to the order dated 28.08.2019 passed in CRM-M-35188-2019, Ramandeep
Kaur Vs.State of Punjab and submitted that co-accused has
SAVITA KADIAN 2021.07.23 17:44 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM-M-1235 of 2020
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granted interim protection by this Court.
Notice of motion for 19.03.2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C.
To be heard along with CRM-M-35188-2019.”
Interim order passed in CRM-M-35188 of 2019 has been made
absolute.
Learned State counsel, on instructions from ASI Dharampal Singh submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to submit that no other case is pending against the petitioner.
In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 20.01.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.
| July 23, 2021 | (SUVIR SEHGAL) |
|---|---|
| savita | JUDGE |
| Whether Speaking/Reasoned | Yes/No |
| Whether Reportable | Yes/No |
SAVITA KADIAN 2021.07.23 17:44 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the interim anticipatory bail order passed on 20.01.2020 should be made absolute given that the petitioner has joined the investigation and no custodial interrogation is pending.
Whether the petitioner is entitled to be relieved of conditions requiring joinder in investigation absent any custodial interrogation requirements.
Colour shows how this judgement treated each authority
Ramandeep Kaur Vs. State of PunjabReferred¶19
Ramandeep Kaur Vs. State of Punjab CRM-M-35188-2019
1 provisions across 1 enactments
Surjit Singh
State of Punjab
Suvir Sehgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
