Harwinder Singh Alias Sukhjinder Singh v. State Of Punjab

[208]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 05.08.2024 Harwinder Singh alias Sukhjinder Singh

...Petitioner

versus State of Punjab ....Respondent Coram :

HON'BLE MR. JUSTICE PANKAJ JAIN

Present:

Mr. Chahit Bansal, Advocate for the petitioner. Mr. Solomon Partap Singh, AAG, Punjab.

*** PANKAJ JAIN, J. (ORAL) On 08.05.2024, the following order was passed :- "Apprehending his arrest in FIR No.04 dated 06.01.2024, registered for offences punishable under Sections 307, 324, 323, 506, 148, 149 of the Indian Penal Code, 1860 and Sections 325, 326 of IPC and Sections 25/54/59 of Arms Act added later on at Police Station Mehal Kalan, District Barnala, 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 the injury attributed to the petitioner though knife blow is on the nonvital part. Issue notice of motion, returnable for 25.07.2024. Mr. Tarun Aggarwal, Sr. DAG, Punjab. appears and accepts notice on behalf of the respondent/State.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C. "

-22.

Today learned State Counsel, on instructions, 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 08.05.2024 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.

-38.

Petition stands disposed off accordingly.

(PANKAJ JAIN) JUDGE 05.08.2024 'R. Sharma'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No