Ajay Kumar v. State Of Punjab

CRM-M-23547-2023 2023:PHHC:095488

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23547-2023 Date of decision: 27.07.2023 Ajay Kumar ..Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Avtar S. Khinda, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

Mr. Harjinder Singh, Advocate for the complainant. *** AMAN CHAUDHARY, J.

1.

On 10.05.2023, this Court had passed the following order:- "It is submitted that the petitioner has been nominated as an accused on a subsequent date. No role has been attributed to him in the FIR itself.

Notice of motion for 27.07.2023.

Mr. Kamalpreet Bawa, AAG, Punjab accepts notice on behalf of the respondent-State and waives service. Meanwhile, the petitioner is directed to join investigation with the Investigating Officer on 22.05.2023 at 10.00 am and co-operate therewith. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Investigating Officer/SHO concerned subject to his joining the investigation and compliance of the provisions enshrined under Section 438(2) Cr.P.C."

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in ASHOK KUMAR 2023.07.27 18:29 I attest to the accuracy and integrity of this document

CRM-M-23547-2023 2023:PHHC:095488 case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from ASI Beant Singh affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 10.05.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

( AMAN CHAUDHARY ) 27.07.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.07.27 18:29 I attest to the accuracy and integrity of this document