Allowed

Mangal Singh v. State of Punjab

Punjab & Haryana HC4 Apr 2024CRM-M/1619/2024

Case brief

AI extract

What is this about?

The High Court at Chandigarh made an interim pre-arrest bail order of January 12, 2024, absolute on the submission that the petitioner had joined investigation. The order included specific conditions regarding the scope of bail, police investigative rights, and custody for Section 27 Evidence purposes.

What did the court decide?

Order dated 12.01.2024 made absolute; bail granted subject to conditions including joining investigation and abiding by Section 438(2) Cr.P.C.

Mangal Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2024)

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220

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2024:PHHC:045627 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-1619-2024 Date of decision : 04.04.2024

MANGAL SINGH

....Petitioner

Versus

STATE OF PUNJAB ....Respondent

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CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

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Present : Mr. Raghav Soni, Advocate for the petitioner.

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Mr. Shiva Khurmi, AAG, Punjab.

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PANKAJ JAIN, J. (ORAL)

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On 12.01.2024, the following order was passed :-

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“Apprehending his arrest in FIR No.200 dated 25.11.2023, registered under Sections 406/420 IPC at Police Station Majitha, District Amritsar, petitioner seeks pre-arrest bail.

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Learned counsel for the petitioner inter alia submits that the allegation with respect to allurement and deception is against Mangat Ram and not against the present petitioner.

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Notice of motion for 04.04.2024.

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On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of the respondent-State.

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In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the arresting officer/ Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C”

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Deepak Kumar 2024.04.04 17:04 I attest to the accuracy and integrity of this document

CRM-M-1619-2024

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2024:PHHC:045627

Today, Ld. State Counsel on instructions from ASI Himmat Singh submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

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Without commenting on the merits of the case and in view of the aforesaid fact, order dated 12.01.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C.

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This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

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This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

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The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

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It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.

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Petition stands disposed off accordingly.

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April 04, 2024	(Pankaj Jain)
Dpr	Judge
Whether speaking/reasoned	: Yes/No
Whether reportable	: Yes/No

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Deepak Kumar 2024.04.04 17:04 I attest to the accuracy and integrity of this document

Mangal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Mangal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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