Punjab-Haryana High Court
Sikander vs State Of Punjab on 28 August, 2017
Author: Jaishree Thakur
Bench: Jaishree Thakur
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-16230-2016
Date of decision: 28.08.2017
Sikander
...Petitioner
Versus
State of Punjab
...Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Apran Sabharwal, Advocate,
for the petitioner.
Mr. Abhaypal Singh Gill, Asstt. A.G., Punjab.
****
JAISHREE THAKUR, J. (ORAL)
The instant petition under Section 438 Cr.P.C. has been filed by the petitioner for grant of anticipatory bail in case FIR No. 49 dated 25.03.2017 under Sections 363, 366-A, 511, 506 IPC, registered at Police Station Sarabha Nagar, Ludhina, District Ludhiana.
This Court was pleased to pass the following order on 08.05.2017 :-
"Learned counsel, inter alia, contends that petitioner is residing in the same locality as that of complainant. They have been involved in a love affair which is evident from the photographs (Annexure P-2). The petitioner has been falsely implicated in the present case because of earlier incident in which sister of the petitioner had ran away from her home and married the uncle of the complainant against the wishes of the parents. Notice of motion for 28.08.2017. Meanwhile, the petitioner is directed to join the investigation as and when called by the Investigating Officer. In the event of his arrest, he shall be released on bail by the Investigating Officer on his 1 of 2 ::: Downloaded on - 02-09-2017 18:08:52 ::: CRM-M-16230-2016 -2- furnishing bail bonds/sureties to his satisfaction, subject to the conditions mentioned below, as envisaged in Section 438(2) Cr.P.C:-
i. a condition that the person shall make himself available for interrogation by Police Officer as and when required;
ii. a condition that the person shall not, directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
iii. a condition that the person shall not leave India without the previous permission of the Court; iv. such other condition as may be imposed under sub section (3) of Section 437, as if the bail was granted under that section."
Learned counsel for the respondent-State submits that pursuant to the order dated 08.05.2017, the petitioner has joined investigation.
Since the petitioner has joined the investigation, the petition is allowed and interim order dated 08.05.2017 is hereby made absolute subject to the condition that the petitioner will join the investigation as and when required by the police; will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.
28.08.2017 (JAISHREE THAKUR)
Satyawan JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.
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