The Punjab and Haryana High Court dismissed a petition seeking continuance of interim anticipatory bail granted on 06.05.2022, holding the petitioner not entitled to protection as he failed to join the investigation within the stipulated time.
The interim anticipatory bail protection was vacated and the petition was dismissed.
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.
2023:PHHC:123755 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
204
CRM-M-18997-2022 (O&M) Date of Decision: 20.09.2023
AVNEET SINGH NARULA
... Petitioner
Versus
STATE OF PUNJAB
... Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. VK Sandhir, Advocate for the petitioner.
Mr. Hakam Singh, AAG Punjab.
HARNARESH SINGH GILL, J.(Oral)
Prayer in this petition is for grant of anticipatory bail to the petitioner in case bearing FIR No.13 dated 21.01.2022, registered under Sections 420, 120-B IPC, at Police Station E-Division, Amritsar.
At the outset, learned counsel for the petitioner submits that despite his best efforts, he is no longer in contact with the petitioner.
Vide order dated 06.05.2022 passed by a Coordinate Bench of this Court, the petitioner had been granted ad-interim anticipatory bail subject to the petitioner depositing a sum of ₹75,000 before the learned trial Court. Thereafter, the matter was adjourned from time to time, granting opportunities to the petitioner to join the investigation and to deposit the aforesaid amount.
On 24.08.2023, this Court has passed the following orders:-
“At the outset, learned State counsel, on the instructions from HC Manjit Singh, submits that,
AMAN JAIN 2023.09.20 16:27 I attest to the accuracy and integrity of this document
CRM-M-18997-2022 (O&M)
204
-2-
though, the petitioner has been granted the concession of ad interim anticipatory bail vide order dated 06.05.2022 passed by a Coordinate Bench of this Court, yet the fact remains that he has not joined the investigation. He further submits that the petitioner has deposited the sum of Rs.75,000/- in compliance of the said order.
Learned counsel for the petitioner submits that one more opportunity be granted to the petitioner to join the investigation.
In view of the above, last opportunity is granted and the petitioner is again directed to join the investigation within 15 days from today or any other date convenient to the Investigation Officer.
Adjourned to 20.09.2023.
However, it is made clear that in case the petitioner did not join, the interim order shall stand automatically vacated.
Interim order to continue.”
Today also, learned State counsel, submits that, the petitioner
has again not joined the investigation.
Perusal of the record would show that despite availing the ample number of opportunities since 06.05.2022, the petitioner has not joined the investigation. The petitioner cannot be allowed to avail the interim protection at the costs of violation of the conditions laid therein. Therefore, the petitioner is no longer entitled to the interim protection.
Dismissed.
| 20.09.2023 | (HARNARESH SINGH GILL) | |
|---|---|---|
| Aman Jain | JUDGE | |
| Whether speaking/reasoned | : Yes/No |
|
| Whether reportable | : Yes/No |
AMAN JAIN 2023.09.20 16:27 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether to vacate an interim anticipatory bail order when the petitioner fails to join the investigation despite multiple opportunities.
Avneet Singh Narula
State of Punjab
Harnarosh Singh Gill
Aman Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
