High Court of Punjab and HaryanaCRM-M/24200/2021disposed of

Harjit Singh v. State Of Punjab

2021-07-19Mr. Justice Amol Rattan Singh3 pages

CRM-M-24200-2021

CRM-M-24200-2021 Mr. H.S.Multani, DAG, Punjab, in CRM-M-24084-2021

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Case heard via video conference.

CRM-M-24200-2021 On 28.06.2021, the following order had been recorded:- "$

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Pursuant thereto learned State counsel submits, on instructions, that the petitioner having joined investigation and the report under Section 173 Cr.P.C. having been submitted to the trial court, his custodial interrogation is not required.

Mr. Nagpal, learned counsel for the complainant, however, opposes the petition even today to submit that the petitioner having been attributed a grievous injury to the hand of one Nirmal Singh, he does not deserve to be admitted to bail.

Without making any comment on the actual merits of the case, it needs to be noticed here that in terms of the ratio of the judgment of the Supreme Court in 3+**)6 + $$ 0.2, once an investigating agency itself says that it does not require the custodial interrogation of an accused, normally this court would not direct his arrest (even upon a petition seeking anticipatory bail being dismissed). Consequently, in the aforesaid circumstances,

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An affidavit of a gazetted officer be filed with regard to what was observed in the video recording, looking at the contentions raised by learned counsel for the petitioner on July 16, 2021.

Adjourned to 25.08.2021.

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