Kehar Singh v. State Of Punjab
2023:PHHC:151941 CRM-M-51062-2023 (O&M) -1214-2
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-51062-2023 (O&M) Date of decision : 29.11.2023 Kehar Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present :
Mr. Vashvjeet Singh Rishi, Advocate, and Ms. Divya Sharma, Advocate, for the petitioner.
Mr. Joginder Pal Ratra, Sr. DAG, Punjab, for the respondent.
MAHABIR SINGH SINDHU, J.
Petition under Section 438 of the Code of Criminal Procedure, 1973, has been filed for grant of pre-arrest bail to the petitioner in FIR No.89 dated 30.08.2023, under Sections 306 and 506 of the Indian Penal Code, 1860, registered at Police Station Sudhar, District Ludhiana Rural. 2.
Above FIR was registered on the basis of statement made by one Jaswinder Kaur with the allegations that petitioner along with his family members had pressurized her son (Jatinder Singh) to commit suicide. 3.
This Court, on 09.10.2023, granted interim bail to petitioner and relevant part of the same is recapitulated as under:- "Contends inter alia that co-accused, Sharanjit Kaur, with similar allegations has already been granted the concession of interim prearrest bail by this Court in CRM-M-49939-2023.
Notice of motion.
Mr. Joginder Pal Ratra, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State and seeks time to have instructions and/or file written response in the matter.
VIRENDRA SINGH ADHIKARI 2023.11.30 19:07 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh
2023:PHHC:151941 CRM-M-51062-2023 (O&M) -2In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure, 1973.
To be heard along with the aforesaid CRM-M, on the date already fixed, i.e. 29.11.2023."
4.
Contends that in terms of the aforesaid order, petitioner has already joined investigation and his custodial interrogation is not required. 5.
Above factual position is duly acknowledged by learned State Counsel, on instructions from ASI Rajdeep Singh, and further stated that custodial interrogation of the petitioner is not required at this stage. 6.
In view of the above, interim order dated 09.10.2023 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. 7.
It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 8.
The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.
9.
Disposed off accordingly.
10.
Pending application(s), if any, shall also stand disposed off. 29.11.2023 (MAHABIR SINGH SINDHU) adhikari JUDGE Whether speaking / reasoned :
Yes No Whether Reportable :
Yes No VIRENDRA SINGH ADHIKARI 2023.11.30 19:07 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh