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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Jaswinder Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 4363 of 2021
Decided On : 23-03-2021
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioner under Section 438(2) of the Criminal Procedure Code (Cr.P.C) after the petitioner joined the investigation and was found not required for custodial interrogation.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving charges under various sections of the Indian Penal Code (IPC) related to causing injury to the victim.
Finding of the Court:
The court granted the petitioner anticipatory bail after he joined the investigation and was found not required for custodial interrogation.
Issues: The main issue was the grant of anticipatory bail to the petitioner in a case involving charges under Sections 323, 324, 341, 506, 148, 149, 325, and 326 IPC.
Ratio Decidendi: The court's decision was influenced by the petitioner's compliance with the order to join the investigation and the state counsel's statement that the petitioner was not required for custodial interrogation.
Final Decision: The court made the interim bail granted to the petitioner absolute, subject to the conditions stipulated under Section 438(2) Cr.P.C.
JUDGMENT
Anupinder Singh Grewal, J. - Case taken up through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No.167 dated 25.07.2020, under Sections 323, 324, 341, 506, 148 and 149 IPC (Sections 325 and 326 IPC added lateron), registered at Police Station Samana, District Patiala.
3. Learned counsel for the petitioner contends that a rod blow on the right hand of the injured has been attributed to the petitioner. This injury is simple in nature. He further contends that co-accused Nishabar Singh and Palwinder Singh have been granted ad interim bail by this Court in CRM-M43881-2020 and CRM-M-501-2021 on 23.12.2020 and 08.01.2021 respectively.
4. This Court, by the order dated 01.02.2021, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, on instructions from ASI Ranjodh Singh, states that the petitioner has joined investigation and is not required for custodial interrogation.
6. In view of the above and the petitioner having joined investigation, the order dated 01.02.2021 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
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