Bheam Singh v. State Of Punjab




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35809-2023 Date of decision : 29.01.2024 BHEAM SINGH ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Pardeep Kumar Kapila, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 26.07.2023, the following order was passed :- "Apprehending his arrest in FIR No. 0030 dated 22.02.2020 for offences punishable under Sections 5 and 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 registered at Police Station City-I, Mansa, District Mansa, the petitioner has preferred this petition under Section 438 Cr.P.C seeking prearrest bail.

Learned counsel for the petitioner inter alia contends that the only allegation qua the petitioner is that he alongwith other persons were loading cows in the Canter. However, there is no allegation to constitute an offence under the Punjab Prohibition of Cow Slaughter Act, 1955 wherein the offence punishable under Section 8 relates to Section 3, 4A and Section 5 of the Act i.e. un-licensed export of cow or selling of beef. From the bare reading of the FIR none of the offence is made out against the petitioner.

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 17.10.2023."

2.

Today, Ld. State Counsel on instructions from HC Harpreet Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document

CRM-M-35809-2023 -22024:PHHC:011239 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 26.07.2023 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, 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.

January 29, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.01.30 11:38 I attest to the accuracy and integrity of this document