High Court of Punjab and HaryanaCRM-M/3212/2017dismissed

State Of Punjab v. Baldev Singh

2017-04-05Mr. Justice Krishna Murari2 pages

Cr. Misc. M 3212 of 2017 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 3212 of 2017 Date of decision: 5.4.2017 State of Punjab Petitioner vs.

Baldev Singh Respondent

Present:

Ms. Anu Pal, AAG, Punjab, Mr. Dinesh Sharma, Advocate.

M.M.S.BEDI,J.

State of Punjab has filed the present petition for cancellation of pre-arrest bail granted to the respondent vide order dated 13.10.2015. On asking of the Court, the investigating officer ASI Baldev Singh has informed that challan has not been presented against any of the accused. Vague allegations have been levelled against the respondent that though he has joined the investigation but he is not cooperating with the investigating officer for effecting recoveries of the alleged fake documents. I have considered the contention of the learned State counsel. Taking into consideration the status of the investigation, which was initiated on the basis of the FIR registered in the year 2015 pertaining to the offences committed during the period from 2013 to 2015, no ground is made out for cancellation of pre-arrest bail granted to the respondent vide order dated 13.10.2015.

I have considered the contention of the learned State counsel that the petitioner is not cooperating with the investigating officer to effect recoveries. In this context, I am of the considered opinion that the prosecution agency cannot be permitted to adopt coercive means in Tapinder Singh Mann 2017.04.05 17:37 I attest to the accuracy and integrity of this document

Cr. Misc. M 3212 of 2017 violations of Article 20(3) of the Constitution of India to compel a person to produce any thing against him. However, it is always open to the investigating agency to gather admissible and relevant evidence against the respondent to substantiate his culpability. Dismissed.

In case a written notice is issued by the investigating agency to the respondent to appear before it and the respondent does not comply with the same, it will be open to the investigating agency to approach this Court for cancellation of pre-arrest bail granted to the respondent. April 5 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.04.05 17:37 I attest to the accuracy and integrity of this document