Avishesh Rana @ Munna v. State Of Punjab


  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35455-2023 Date of decision : 16.10.2023 AVISHESH RANA @ MUNNA ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ajay Pal S. Rehan, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 25th of July, 2023, the following order was passed :- "Apprehending his arrest in FIR No. 80 dated 05.05.2023 for offences punishable under Sections 307, 336, 323,506 & 34 IPC, 1860 and Section 27 of Arms Act, 1959 registered at Police Station Dasuya, District Hoshiarpur, the petitioner has preferred this petition under Section 438 Cr.P.C seeking pre-arrest bail. Learned counsel for the petitioner inter alia contends that though the allegation is that the petitioner fired towards the complainant, however the version put forth by the complainant that he ducked and was saved is highly improbable. Notice of motion.

Mr. Tarun Aggarwal, Senior DAG., Punjab who is present in Court accepts notice.

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. To come up on 16.10.2023."

2.

Today, Ld. State Counsel on instructions from ASI Major Singh 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 25th of July, 2023 is made absolute, subject to Deepak Kumar 2023.10.17 09:28 I attest to the accuracy and integrity of this document

CRM-M-35455-2023 -22023:PHHC:134363 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, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

October 16, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2023.10.17 09:28 I attest to the accuracy and integrity of this document