Deepak Kumar v. State Of Punjab

CRM-M-58851 of 2023 2024:PHHC:027237

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58851 of 2023 DATE OF DECISION :- 27.02.2024 Deepak Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Inderpreet Singh Brar, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

On 22.11.2023, the following order was passed:- "This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.0102 dated 26.09.2023 under Sections 323, 498-A, 406 of the Indian Penal Code, 1860 registered at Police Station Khalra, District Tarn Taran. Learned counsel for the petitioner states that the injuries received are simple in nature and that the petitioner is willing to settle the matter as also to return all the Istridhan articles lying with him. Notice of motion.

Mr. Adhiraj Singh Thind, AAG Punjab accepts notice on behalf of respondent-State of Punjab.

List on 27.02.2024.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing personal bonds with adequate surety to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

PARVINDER SINGH 2024.02.27 16:12 I attest to the accuracy and integrity of this document chandigarh

CRM-M-58851 of 2023 2024:PHHC:027237 2.

Learned State counsel, on instructions from ASI Hari Singh, has stated that pursuant to the order dated 22.11.2023, the petitioner has joined investigation and is no longer required for custodial interrogation. 3.

In view of above, the present petition stands allowed and the interim order dated 22.11.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 4.

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

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

6.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 27.02.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.02.27 16:12 I attest to the accuracy and integrity of this document chandigarh