Single judge order making an interim anticipatory bail absolute after the petitioner joined the investigation. Conditions for future cooperation are stipulated.
The interim order dated 11.7.2024 granting bail is made absolute. The petitioner is directed to cooperate if required for investigation in the future.
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-24088-2023
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
202
Criminal Misc. No. M-24088 of 2023 Date of decision :-05.12.2024
Bakshish Singh
…..Petitioner
Versus
State of Punjab
…..Respondent
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Present:Ms. Riffi Birla, Advocate for the petitioner.
Ms. Rishu Madan, AAG, Pun j ab.
NIDHI GUPTA J. (Oral)
The petitioner is seeking a n ticipatory bail in FIR No.20 dated 02. 0 2.2022 (Annexure P-1) under S ection 376 IPC, registered at Police St a tion Sadar Fazilka, District Fazil k a.
On 11.7.2024, this Court had p assed the following order :-
“ Learned counsel for the petitioner, on instructions, submits t h at in compliance of the order dated 08.02.2024 p a ssed by this Court, the petitioner, in fact, we n t to the Investigating Agency to join investigation o n 4 difference dates. However, for the reasons best known to the Investigating Agency, finger prin t s and other samples, as required, were not taken by the Investigating Agency. It is submitte d that the petitioner serves in Indian Army and wil l rejoin investigation as and when so directed.
VIJAY ASIJA 2024.12.05 18.37 I attest to the accuracy and integrity of this document
CRM-M-24088-2023
2
Learned counse l for the State, on instructions from ASI Paramjit Sin g h submits that the petitioner has not yet joined inve s tigation.
In view of the a bove, the petitioner is once again directed t o appear before the SHO/Investigating Of fi cer on or before 30.07.2024 to join investigatio n and cooperate with the Investigating Agency a nd in the event of his arrest, he shall be released o n interim bail on his furnishing bail bonds to the sati s faction of SHO/Investigating Agency subject to t h e following conditions as envisaged under Secti o n 438(2) Cr.P.C.:-
Learned counsel f or the State is directed to file an affidavit/status rep o rt as to the exact role of the petitioner alongwith t h e details of pending FIRs, if any, on or before the n e xt date of hearing.
In case of fail u re of the petitioner to join investigation as direc t ed, present petition shall be deemed to be dismisse d without further reference to this Court.
List on 05.12.20 2 4. ”
VIJAY ASIJA 2024.12.05 18.37 I attest to the accuracy and integrity of this document
CRM-M-24088-2023 3
Learned counsel for the petitioner submits that in complian c e of the afore said order, t h e petitioner has joined the investigation.
Learned counsel for the Sta t e has filed the Status report dated 04.12.2024 by way of affidavit of Tarsem Masih, Deputy Superinte n dent of Police, in the Court t o day. The same is taken on record. C opy thereof supplied to the coun s el opposite.
Learned State counsel, o n instructions from the Investiga t ing Officer states that in terms of the order passed by this Court, re p roduced above, the petitioner h a s joined the investigation on 20,07,20 2 4 and is cooperating.
In view of the above, the or d er dated 11.7.2024 granting interim b a il to the petitioner is made absol u te.
However, the petitioner sh a ll abide by the conditions stipulated under Section 438(2) Cr.P. C . He shall also join the investigation and cooperate with the inve s tigating agency in case he is required f or the same in future as and whe n called upon to do so.
In case at any given point o f time hereinafter, it is felt by the inve s tigating agency that the pet i tioner is required for the investigation but is not cooperating, they will be at liberty to approach this Cour t for passing appropriate orders.
The petition stands disposed o f.
Decembe r 05, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE
Whether s p eaking/reasoned Yes / No Whether R e portable Yes / No
VIJAY ASIJA 2024.12.05 18.37 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the anticipatory bail granted earlier is to be made absolute in light of compliance with the investigation order.
Whether the petitioner is required to join investigation if called upon in the future.
1 provisions across 1 enactments
Bakshish Singh
State of Punjab
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
