Anticipatory bail plea in a murder FIR; petitioner had already joined investigation and State said custodial interrogation was unnecessary. Interim protection was made absolute subject to Section 438(2) conditions, without examining merits.
Interim anticipatory bail made absolute subject to Section 438(2) Cr.P.C. conditions.
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.
219 2024:PHHC:042913 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-487-2024 Date of decision : 01.04.2024
GOURAV CHAUHAN
....Petitioner
Versus
STATE OF HARYANA ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Mohit Kumar, Advocate for the petitioner.
Mr. A.K. Sehrawat, DAG, Haryana.
PANKAJ JAIN, J. (ORAL)
Apprehending his arrest in FIR No.158 dated 13.06.2022, registered for offences punishable under Sections 148, 149, 341, 302, 120-B of the Indian Penal Code, 1860 and Sections 25, 54, 59 of Arms Act (added later on), at Police Station Guhla, District Kaithal (Haryana), the petitioner has preferred this petition under Section 438 Cr.P.C. seeking prearrest bail.
“Counsel for the petitioner relies upon order dated 30.10.2023 passed by Coordinate Bench of this Court in CRMM-52722- 2023, whereby co-accused Shelly @ Sahil has been granted interim protection.
Notice of motion 01.04.2024.
Mr. Gaurav Bansal, DAG, Haryana, accepts notice on behalf of the respondent-State.
Interim in the same terms as order passed in CRM-M52722-2023.”
Deepak Kumar 2024.04.01 17:26 I attest to the accuracy and integrity of this document
CRM-M-487-2024
-2-
2024:PHHC:042913
| April 01, 2024 |
(PANKAJ JAIN) |
|---|---|
| Dpr | JUDGE |
| Whether speaking/reasoned | : Yes/No |
| Whether reportable | : Yes/No |
Deepak Kumar 2024.04.01 17:26 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted to the petitioner in FIR No.158 dated 13.06.2022 given he has joined investigation.
Colour shows how this judgement treated each authority
Shelly @ Sahil (order dated 30.10.2023)Relied on
CRM-M-52722-2023
6 provisions across 4 enactments
Gourav Chauhan
State of Haryana
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
