Avtar Singh And Another v. Ut Chandigarh And Another



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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37478-2022(O&M) Date of Decision: 22.03.2023 AVTAR SINGH AND ANR ....Petitioners

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...Respondents

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

Mr. Rohit Khullar, Advocate for the petitioners.

Mr. Amit Kumar Goyal, A.P.P., UT, Chandigarh. Mr. Saurabh, Advocate with Mr. S.K. Sharma, Advocate for respondent No.2.

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 petitioners in case FIR No.64 dated 12.05.2022 registered under Sections 306 and 34 of Indian Penal code, 1860 at Police Station Mauli Jagran, UT Chandigarh. On 24.08.2022, the following order was passed by the Coordinate Bench of this Court :-
   

    

 

  

    

         

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  AMANDEEP GOSAIN 2023.04.03 14:59 I attest to the accuracy and integrity of this document



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!!5 Learned counsel for the petitioners submits that pursuant to the aforesaid order, the petitioners have joined the investigation. Learned State counsel on instructions from ASI Rajesh has not disputed the aforesaid fact of joining of investigation by the petitioners and submits that their custodial interrogation is not required at this stage. Heard learned counsel for the parties.

Since the petitioners have joined the investigation and their custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 24.08.2022 passed by the Coordinate Bench of this Court is made absolute. However, the petitioners 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 petitioners fails to comply with any of the directions made above and the bail conditions, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioners.

The petition is accordingly disposed of.

22.03.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AMANDEEP GOSAIN 2023.04.03 14:59 I attest to the accuracy and integrity of this document