The High Court at Chandigarh converted an interim order granting anticipatory bail into an absolute order. The court noted the petitioner had joined the investigation and directed the State to issue notice.
The interim order granting anticipatory bail 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-53856 of 2019 (O&M)
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
204 CRM-M-53856 of 2019 (O&M) Date of decision:13.10.2021
Sunil Nagpal
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:Mr. Akshay Bhan Senior Advocate with Mr. Shantanu Bansal, Advocate and Mr. Shaurya Khanna, Advocate for the petitioner.
Mr. Prabhjot Singh Walia, AAG, Punjab.
Ms. Sehar Sandhu, Advocate for Mr. D.S.Sobti, Advocate for the complainant.
SUVIR SEHGAL, J. (Oral)
While granting interim protection to the petitioner, this Court passed the following order on 17.12.2019:-
“The petitioner is seeking anticipatory bail in FIR No. 338 dated 21.11.2019, under Sections 420 and 408 of the Indian Penal Code, 1860, registered at Police Station Model Town, Hoshiarpur, District Hoshiarpur.
Learned senior counsel appearing for the petitioner contends that it is alleged in the FIR that the petitioner while working as a Manager had not deposited the collection of the firm from January, 2017 to March, 2017. He, however, contends that the petitioner had left service in March, 2017. He
SAVITA KADIAN 2021.10.14 13:03 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM-M-53856 of 2019 (O&M) {2}
also contends that there is an unexplained delay of over 2½ years in registering the FIR.
Issue notice to the respondent returnable on 10.01.2020.
In the meantime, the petitioner is directed to appear before the investigating/arresting officer and join investigation.
In the event of his arrest, the investigating/arresting officer shall release the petitioner on ad interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 438 (2) Cr.P.C.”
Upon instructions from ASI Kuldeep Singh, State counsel submits that the petitioner has joined the investigation and is no longer required for custodial interrogation. He has further instructions to submit that the petitioner is not involved in any other criminal case.
In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 17.12.2019 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.
| October 13, 2021 | (SUVIR SEHGAL) JUDGE |
|---|---|
| savita | |
| Whether Speaking/Reasoned | Yes |
| Whether Reportable | Yes/No |
SAVITA KADIAN 2021.10.14 13:03 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the interim order granting anticipatory bail before this Court should be made absolute in light of the petitioner joining the investigation.
1 provisions across 1 enactments
Sunil Nagpal
State of Punjab
Suvir Sehgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
