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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Sandeep Kumar and others - Petitioners
Versus
State of Haryana - Respondent
CRM-M-8679 of 2018
Decided On : 19-04-2018
Anticipatory Bail - Criminal Procedure - The court granted anticipatory bail to the petitioners in a case involving multiple sections of the Indian Penal Code and the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Fact of the Case:
The petitioners filed for anticipatory bail in a case involving multiple sections of the Indian Penal Code and the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court found that the custodial interrogation of the petitioners was no longer required and granted them anticipatory bail.
Issues: The issue was whether the petitioners should be granted anticipatory bail in the case.
Ratio Decidendi: The court considered the fact that the petitioners had joined the investigation and that custodial interrogation was no longer required.
Final Decision: The court made the interim order absolute and granted anticipatory bail to the petitioners, subject to the conditions under Section 438(2) of the Criminal Procedure Code.
MAHABIR SINGH SINDHU, J.
1. Present petition has been filed under Section 438 of the Code of Criminal Procedure (Cr.P.C.) for grant of concession of anticipatory bail to the petitioners in case FIR No.634 dated 20.12.2017, under Sections 323, 325, 341, 427, 148, 149 & 506 IPC and Section 3(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act'), registered at Police Station Pehowa, District Kurukshetra.
2. It is contended by learned counsel for the petitioners that in pursuance of order dated 01.03.2018, the petitioners have joined the investigation and their custodial interrogation is no longer required.
3. The above factual position is duly acknowledged by learned State counsel, on instructions from SI Baljeet Singh, by submitting that the custodial interrogation of the petitioners is not required in this case.
4. In view of above, the interim order dated 01.03.2018 is hereby made absolute, subject to the conditions as envisaged under Section 438(2) Cr.P.C. and the present petition stands disposed off.
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