Sunil Kumar v. State Of Punjab

CRM-M-17457-2021 231(2)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17457-2021 Date of Decision: 01.08.2022 Sunil Kumar

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Arjun Sheoran, Advocate for the petitioner. Mr. Harsimar Singh Sitta, AAG, Punjab.

Mr. Manu Loona, Advocate for respondent No.2/complainant. **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 30.09.2020 City Fazilka, District Fazilka 384, 511, 500, 120-B IPC 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail. 2.

Ld. Counsel appearing for the State points out that all offences mentioned in FIR are bailable and as such the petition is not maintainable. 3.

A perusal of the petition reveals that all the offences mentioned in FIR are bailable. A petition under Section 438 Cr.P.C. would lie when the offences are nonbailable. Hence this petition is not maintainable. In bailable offences, the Investigating Officer is under a legal obligation to release the petitioner on furnishing bail bonds in terms of Section 436 Cr.P.C. However, in case the investigator adds any penal provision of non-bailable offence and wants to arrest the petitioner regarding the same, then they shall intimate the petitioner and afford a week to enable the petitioner to avail legal remedies.

Petition disposed of in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) 01.08.2022 JUDGE Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.08.06 12:55 I attest to the accuracy and integrity of this document