Punjab-Haryana High Court
Sikander Singh vs State Of Punjab on 6 November, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2023:PHHC:141128
CRM-M-32593-2023 1
2023:PHHC:141128
214
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-32593-2023
Date of decision : 06.11.2023
SIKANDER SINGH ....Petitioner
Versus
STATE OF PUNJAB ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. L.S. Sidhu, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
PANKAJ JAIN, J. (ORAL)
On 10.07.2023, the following order was passed :-
"Apprehending his arrest in FIR No.69 dated 28.05.2023, registered for offences punishable under Sections 336, 120-B, 34 IPC, 1860 and Sections 25 and 27 of the Arms Act, 1959 at Police Station Sadar Zira, District Ferozepur, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre- arrest bail.
Ld. Counsel for the petitioner inter alia contends that the only allegation against the petitioner is of having fired at gate without there being any injury to any person.
Issue notice of motion, returnable for 06.11.2023. Mr. Tarun Aggrwal, 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/ 1 of 3 ::: Downloaded on - 08-11-2023 02:36:00 ::: Neutral Citation No:=2023:PHHC:141128 CRM-M-32593-2023 2 2023:PHHC:141128 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 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 10.07.2023 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 2 of 3 ::: Downloaded on - 08-11-2023 02:36:01 ::: Neutral Citation No:=2023:PHHC:141128 CRM-M-32593-2023 3 2023:PHHC:141128 witnesses with a view to influence outcome of the investigation or trial.
8. Petition stands disposed off accordingly.
November 06, 2023 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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