Rizvan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 16.11.2023 RIZVAN ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Suresh Kumar Kaushik, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab.

PANKAJ JAIN, J. (ORAL) Apprehending his arrest in FIR No.20 dated 03.04.2022, registered for offences punishable under Sections 380 & 457 of the Indian Penal Code, 1860 at Police Station Singh Bhagwantpur, District Rupnagar, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail.

2.

On 16.08.2023, the following order was passed :- "Counsel for the petitioner seeks an adjournment. Adjourned to 16.11.2023 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."

3.

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

4.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 16.08.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 5.

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. 6.

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.

7.

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.

8.

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. 9.

Petition stands disposed off accordingly.

November 16, 2023 (Pankaj Jain) Dpr Judge