The High Court made the interim pre-arrest bail order absolute. The order is confined to the specific FIR, does not grant indefinite protection from arrest, and allows police to seek arrest on violation conditions.
Order dated 20.12.2023 made absolute subject to Sections 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.
216 2024:PHHC:045634 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-64192-2023 Date of decision : 04.04.2024
KULWANT SINGH
....Petitioner
Versus
STATE OF HARYANA
....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. K.L. Saini, Advocate for the petitioner.
Mr. A.K. Sehrawat, DAG, Haryana.
PANKAJ JAIN, J. (ORAL)
On 20.12.2023, the following order was passed :-
“Apprehending his arrest in FIR No.433 dated 26.10.2023, registered under Sections 147/186/332/353/427/149 IPC at Police Station City Narwana, District Jind (Haryana), petitioner seeks pre-arrest bail.
Learned counsel for the petitioner inter alia submits that the main accused already stands admitted to regular bail and the petitioner was not named in the FIR.
Notice of motion for 04.04.2024.
On the asking of the Court, Mr. Gaurav Bansal, DAG, Haryana appears and accepts notice on behalf of the respondentState.
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.”
Deepak Kumar 2024.04.04 17:55 I attest to the accuracy and integrity of this document
CRM-M-64192-2023
-22024:PHHC:045634
| April 04, 2024 | (Pankaj Jain) |
|---|---|
| Dpr | Judge |
| Whether speaking/reasoned | : Yes/No |
| Whether reportable | : Yes/No |
Deepak Kumar 2024.04.04 17:55 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a pre-arrest bail order is to be made absolute when the petitioner has joined the investigation.
Whether the bail order should be confined to the specific FIR and not operate as a blanket order.
3 provisions across 2 enactments
Kulwant Singh
State of Haryana
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
