Kashmir Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 29.11.2023 KASHMIR SINGH ....Petitioner

Versus

STATE OF PUNJAB ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Ms. Harjeet Kaur, Advocate for Mr. Shiv Charan Bhola, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 05.10.2023, the following order was passed :- "Apprehending his arrest in FIR No.40 dated 04.04.2023, registered under Sections 4(1) & 21 (1) of Mines and Minerals (Regulations of Development) Act, 1957 at Police Station Nangal,Rupnagar, District Rupnagar, petitioner seeks pre-arrest bail.

Learned counsel for the petitioner inter alia submits that the petitioner was not apprehended from the spot and is being implicated only on the basis of an affidavit, which is stated to have unearthed during investigation.

Notice of motion for 29.11.2023.

On the asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of the respondent-State.

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." 2.

Today, Ld. State Counsel on instructions from ASI Gurnaib 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 05.10.2023 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, non-

cooperating 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.

November 29, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No