← Library
High Court of Punjab and HaryanaCRM-M/15126/2024disposed of

Sahib Singh @ Sabba v. State Of Punjab

2024-05-02Mr. Justice Pankaj Jain2 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15126-2024 Date of decision : 02.05.2024 SAHIB SINGH @ SABBA ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN

Present:

Mr. Abhaysher Singh, Advocate and Mr. Karan Sidhu, Advocate for the petitioner. Mr. J.S. Arora, DAG, Punjab PANKAJ JAIN, J. (ORAL) On 03.04.2024, the following order was passed :- Apprehending his arrest in FIR No.08 dated 17.02.2024, registered for offences punishable under Sections 22/29 of the NDPS Act, 1985 at Police Station Ghall Khurd, District Ferozepur, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail. Ld. Counsel for the petitioner inter alia contends that its a case of no recovery from the petitioner. He has been nominated on the basis of disclosure.

Reply by way of affidavit of Rajesh Kumar, PPS, DSP, Ferozepur has been filed on behalf of the respondent/State today in Court, which is taken on record. Copy supplied.

Adjourned to 02.05.2024.

 

 

 

  

       





    

    

  

  !







   



 " 

#$

   

#%

" 

&

 

     



      %

    !

 

   

 

 ' 

()*+ 

 %%% Deepak Kumar 2024.05.03 15:09 I attest to the accuracy and integrity of this document

CRM-M-15126-2024 -22024:PHHC:060647 2.

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

3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 03.04.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 4.

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. 5.

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.

6.

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.

7.

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, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

May 02, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.05.03 15:09 I attest to the accuracy and integrity of this document