Akashdeep Singh Alias Akashdeep v. State Of Punjab


  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17510-2022 Date of decision : 29.01.2024 AKASHDEEP SINGH ALIAS AKASHDEEP ....Petitioner

Versus

STATE OF PUNJAB .....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Lajpat Rai Sharma, Advocate for the petitioner.

Mr. Tarun Aggarwal, Sr. DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 17.07.2023, the following order was passed :- "Counsel for the petitioner has placed reliance upon the interim order dated 11.08.2020 passed by this Court in CRM-M17856-2020 to submit that question of law "Whether a juvenile is entitled to maintain an application under Section 438 Cr.PC for grant of pre-arrest bail in view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015" has been referred to a Division Bench, which is listed for hearing for 25.07.2023.

List on 04.10.2023.

The petitioner shall appear before the Investigating Officer on 25.07.2023 at 11:00 a.m. and join the investigation and would appear as and when called. In the event of arrest, he shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document

CRM-M-17510-2022 -22023:PHHC:166341 2.

Today, Ld. State Counsel on instructions from ASI Iqbal 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 17.07.2023 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, noncooperating 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.

January 29, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document