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2007 Supreme(SC) 1469

H.N.SARMA
State of Punjab – Appellant
Versus
Raninder Singh – Respondent


Counsel for the parties ;
For the Appellant :K.K. Khurana, A.A.G., Mr. K.K. Venugopal, Ashwani Kumar Mata, Ravi Shankar Prasad, U.U. Lalit, L.N. Rao, Sr. Advs., Kuldip Singh, Ajay Pal, Vaibhav Dang, Amrendra Kumar Mehta, Mrs. Rashi Khurana, Atul Nanda, Rajesh Kumar, Sandeep Bajaj (for M/s. Law Associates & Co.), Arun Monga, Ms. Rameeza and Ms. Naresh Bakshi, Advocates.
For the Respondent: None.

ORDER

1.We have heard learned counsel for the parties. Leave granted.

2.We have perused the impugned order dated 24th May, 2007 granting anticipatory bail passed by the learned Single Judge of the Punjab & Haryana High Court in Crl. Misc. No. 33867-M of 2007. After hearing learned counsel for the parties, we are of the opinion that no interferencde is called for by this court. The appeal is accordingly, dismissed.

3.However, we make it clear that in case the respondents do not cooperate with the investigation, then it is always open for the State to move an application before the High Court for cancellation of the bail, which will be decided in accordance with law.

4.It may be mentioned here that Section 438(2)(i) of the Code of Criminal Procedure is very clear that while granting anticipatory bail the Court can lay down a condition that the accused shall make himself available for interrogation by a police officer as and when required. The purpose of such a provision is that anticipatory bail cannot be permitted to be abused. It is therefore implicit that whenever the Court imposes such a condition in its order, and the accused called for interrogation or for certain inve








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