Supreme Court - Daily Orders
Ashish Malik vs The State Of Punjab on 5 December, 2022
Bench: M.R. Shah, C.T. Ravikumar
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ITEM NO.12 COURT NO.5 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4107/2019
(Arising out of impugned final judgment and order dated 28-03-2019
in CRMM No. 10961/2019 passed by the High Court Of Punjab & Haryana
At Chandigarh)
ASHISH MALIK Petitioner(s)
VERSUS
THE STATE OF PUNJAB & ANR. Respondent(s)
IA No. 71997/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT & IA No. 71998/2019 - EXEMPTION FROM FILING O.T.
Date : 05-12-2022 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Mr. Ajay Marwah, Adv.
Mr. Anurag Rawal, Adv.
Mr. Rajat Sehgal, AOR
Mr. Abhir Datt, Adv.
Mr. Karan Thakur, Adv.
Mr. Tapan Masta, Adv.
Mr. Robins Francis, Adv.
Mr. Ayush Gupta, Adv.
For Respondent(s) Mr. Ajay Pal, AOR
Mr. Mayank Dahiya, Adv.
Mr. Kuldeep Singh Kuchaliya, Adv.
Ms. Priyanka C., Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner is praying for anticipatory bail in connection with FIR No. 246 dated 18.12.2018 lodged at Police Station Mataur, Mohali for the offences under Section 406 and 420 of the IPC. Signature Not Verified Digitally signed by R Natarajan Date: 2022.12.07 14:30:15 IST Reason: While issuing notice on 08.05.2019, this Court has protected the petitioner from arrest, which has been continued till date.
It is pointed out that, in between, no further investigation 2 has taken place and, in fact, the petitioner has not been called in view of the order of stay granted by this Court. As such, there was no stay against investigation and therefore the Investigating Agency ought to have proceeded further with the investigation. Be that as it may, in the facts and circumstances of the case and as the petitioner has been protected from arrest since May, 2019 which has been continued till date, subject to cooperation by the petitioner in the investigation and to remain present before the Investigating Agency as and when called for, it is directed that in case of arrest of the petitioner in connection with FIR No. No. 246 dated 18.12.2018, he may be released on anticipatory bail on the terms and conditions which may be determined by the learned trial Court. If it is found that the petitioner is not cooperating in the investigation, it will be open for the Investigating Agency to move this Court for cancellation of anticipatory bail, which shall be considered in accordance with law and on its own merits. The Special Leave Petition stands disposed of accordingly. Pending applications stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR