IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Ram Alias Rama - Appellant
Versus
State Of Punjab - Respondent
Criminal Miscellaneous Petition (M) No. 38362 of 2021 (O& M)
Decided On : 07-01-2022
Anticipatory Bail - Indian Penal Code - The court granted anticipatory bail to the petitioner under Sections 452, 323, 341, 148 and 149 of the Indian Penal Code, 1860, after the petitioner joined the investigation and the interim bail was made absolute.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving FIR under Sections 452, 323, 341, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station Lakho Ke Behram, District Ferozepur. The petitioner had been directed to appear before the Investigating Officer and join the investigation.
Finding of the Court:
The court found that the petitioner had joined the investigation, and therefore, the order granting interim bail was made absolute.
Issues: The issues involved the delay in lodging the FIR and the attribution of a simple injury to the petitioner.
Ratio Decidendi: The court's decision was influenced by the petitioner joining the investigation and the satisfaction of the conditions stipulated under Section 438(2) Cr.P.C.
Final Decision: The petition for anticipatory bail was disposed of, and the petitioner was granted bail 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.83 dated 14.08.2021, under Sections 452, 323, 341, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station Lakho Ke Behram, District Ferozepur.
Learned counsel for the petitioner contends that there is a delay of three days in lodging the FIR and the petitioner has been attributed a simple injury.
3. This Court, by the order dated 01.10.2021, 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.
Learned State counsel states that the petitioner has joined investigation.
In view of the above and the petitioner having joined investigation, the order dated 01.10.2021 granting interim bail to the petitioner is made absolute.
4. 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.
The petition stands disposed of.
The delay in FIR registration, political rivalry, and the age of the petitioner were crucial factors in granting anticipatory bail.
Grant of anticipatory bail under Section 438(2) Cr.P.C. based on the petitioner joining the investigation and not being required for custodial interrogation.
The court's decision to grant anticipatory bail was based on the petitioners joining the investigation and no longer being required for further investigation.
The court's decision was influenced by the compliance of the petitioner with the court's order and the admission by the state counsel that the petitioner is no longer required for further investigati....
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of the accusation, the need for custodial interrogation, and the presence of ....
Compliance with the conditions of anticipatory bail can lead to the court making the interim bail absolute, especially when the petitioner is no longer required for further investigation.
The court considered the delay in FIR registration, the petitioners' cooperation in the investigation, and the impact of the Covid-19 pandemic in granting anticipatory bail.
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