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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manoj Bajaj, J.
Dilbagh Singh @ Baga - Appellant
Versus
State Of Punjab - Respondent
CRM M No. 2086 of 2020
Decided On : 13-07-2021
Anticipatory Bail - Grant of Anticipatory Bail - The court allowed the petition for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure in a case involving multiple sections of the Indian Penal Code and the Arms Act. The petitioner had joined the investigation and cooperated with the police authorities, leading to the court making the interim bail absolute.
Fact of the Case:
The petitioner filed a petition for grant of anticipatory bail in a case involving multiple sections of the Indian Penal Code and the Arms Act after apprehending arrest by the police.
Finding of the Court:
The court allowed the petition and made the interim bail granted earlier absolute, considering that the petitioner had joined the investigation and cooperated with the police authorities.
Issues: The issues involved the petitioner's failure to join the investigation as the reason for the earlier bail application being declined, and the subsequent cooperation with the police authorities.
Ratio Decidendi: The court's decision was influenced by the petitioner's compliance with the order to join the investigation and cooperate with the police authorities, leading to the grant of anticipatory bail.
Final Decision: The petition for grant of anticipatory bail was allowed, and the interim bail granted earlier was made absolute.
JUDGMENT
Manoj Bajaj, J. - This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.143 dated 25.08.2019 under Sections 307, 506, 323, 427, 148 & 149 of Indian Penal Code, 1860, & under Section 25 & 27 of Arms Act 1959, registered at Police Station City Patti, District Taran Taran. The petitioner apprehended his arrest at the hands of Police, in the above FIR.
2. Learned counsel for the petitioner has invited the attention of the Court to the order dated 20.01.2020, whereby while issuing notice of motion to respondent-State, the interim protection was extended to the petitioner. The said order reads as under:-
"Learned counsel for the petitioner contends that the Court of Sessions extended the benefit of interim pre-arrest bail to the petitioner with a direction to him to submit before the police and join the investigation vide its order dated 06.11.2019, however, the said order could not be communicated to the petitioner and, therefore, he failed to join the investigation. He submits that his bail application was declined only on this ground.
Notice of motion for 21.04.2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."
3. Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.
4. Learned State counsel who is assisted by SI Amrik Singh does not dispute this fact that the petitioner has joined the investigation and he is not required for custodial interrogation for the time being.
5. Considering the above, the petition is allowed and the interim bail granted by this Court vide order dated 20.01.2020 is made absolute.
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