Ashni Kumar Alias Sunny v. State Of Punjab
--
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(O&M) Date of Decision: 13.01.2023 ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Naveen Batra, Advocate for the petitioner.
!" HARSH BUNGER, J. (Oral) The instant petition has been filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No.301 dated 26.11.2022 registered under Sections 15, 18, 21, 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Tanda, District Hoshiarpur.
On 23.12.2022, the following order was passed by the Coordinate Bench of this Court :-
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( A Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. Learned State counsel on instructions from ASI Gurwinder Singh has not disputed the aforesaid fact of joining the investigation by the petitioner and submits that his custodial interrogation is not required at this stage.
Heard learned counsel for the parties.
Since the petitioner has joined the investigation and his custodial interrogation is not required, the present petition is allowed and the ad-interim order dated 23.12.2022 by the Co-ordinate Bench of this Court is made absolute.
However, the petitioner 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 the petitioner fails 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 petitioner.
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.
13.01.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No