High Court of Punjab and HaryanaCRM-M/46604/2022disposed of

Amritpal Singh And ANR v. State Of Punjab And Another

2023-01-17Mr. Justice Harsh Bunger3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 17.01.2023 ....Petitioners

Versus

...Respondents

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

Mr. A.S. Khaira, Advocate for the petitioenrs.

HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail in case FIR No.0033 dated 15.04.2022 registered under Sections 307, 324, 323, 148 and 149 of Indian Penal code, registered at Police Station Taragarh, District Pathankot. On 07.10.2022, the following order was passed by a co-ordinate Bench of this Court :-

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 Jaswinder Singh has not disputed the aforesaid fact of joining the 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 07.10.2022 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 petitioners fail 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 petitioners.

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.

17.01.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No