Najra Khan v. State Of Punjab

 

 

 

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 14.12.2023 NAJRA KHAN ....Petitioner

Versus

STATE OF PUNJAB ....Respondent SIMRANJIT SINGH @ FAUJI .....Petitioner

Versus

STATE OF PUNJAB .....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Jitender S. Dadwal, Advocate for Mr. J.S. Dadwal, Advocate the petitioner.

Mr. Tarun Aggarwal, Sr. DAG, Punjab.

Mr. Parvez Akhtar Dhaliwal, Advocate for the complainant. PANKAJ JAIN, J. (ORAL) These two petitions have been filed under Section 438 Cr.P.C. seeking anticipatory bail on behalf of the petitioners in case FIR No.101, dated 02.08.2023 registered for the offences punishable under Sections 323, 324, 458, 427, 506, 148, 149 of IPC at Police Station Amargarh, District Malerkotla.

2.

Status report by way of affidavit of Jatin Bansal, PPS, Deputy Superintendent of Police, Sub Division Amargarh, District Malerkotla, has been filed on behalf of respondent/State (in CRM-M-42752-2023), today in Court. The same is taken on record. Copy supplied.

-2- 2023:PHHC:160743 3.

On 09.10.2023, the following order was passed :-

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Today, Ld. State Counsel on instructions from ASI Bhinder Singh submits that the petitioners have already joined investigation and are no more required for custodial interrogation. 5.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 09.10.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 6.

This order should not be treated as "blanket" order. It will not be read granting the petitioners 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. 7.

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 petitioners.

-3- 2023:PHHC:160743 8.

The petitioners 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 petitioners in case the occasion arises.

9.

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. 10.

Petitions stand disposed off accordingly.

11.

A copy of this order be kept on the file of other connected case. December 14, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No