Shambhoo Nath v. State Of Punjab

-
-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(O&M) Date of Decision: 13.01.2023    ....Petitioner

Versus

 

    

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Jatinder Sharma, Advocate for the petitioner.

 

 HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C is for grant of concession of anticipatory bail to the petitioner in case FIR No.0016 dated 15.02.2022 registered under Section 283 IPC, 1860 and Section 8B of the National Highway Act, 1956 at Police Station Mukerian, District Hoshiarpur.

On 25.07.2022, the following order was passed by the coordinate Bench of this Court :-
     

                 

   !!

!!        "   #  $   % &  '

  %  # !()"* # (+   ',-% .

 /

 

   %   0% 

            ,  ,  1         1 %      2    1    ,

- -

 3      1 1                   $   #   #   & %  

  &  -1  4  %  " 2%  ,            

   0#    

     

  1          1 %   ' 

      

 

    3   

   

 %       -2 

  (

!

!! $ ,% 1   

 %                2      

    

3 

   

      -

  5 1  6  ' ,1 %   2    1  

 ,  3 5           

  ,  # 7)(8!9 * "*:

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. Learned State counsel on instructions from ASI Daljeet Singh has not disputed the aforesaid fact of joining the investigation by the petitioner and submits that his custodial interrogation is not required at this stage.

Heard learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 25.07.2022 passed by the co-ordinate Bench of this Court is made absolute.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that if the petitioner fails to comply with any of the bail conditions laid down under Section 438(2) Cr.P.C, the State would

-- be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

The petition is accordingly disposed of.

13.01.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No