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2022 Supreme(P&H) 1279
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
Important Points
Subject
Criminal Law - Bail and Anticipatory Bail
Act Referred
INDIAN PENAL CODE : S.148, S.149, S.323, S.341, S.452
Headnote
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.
Vishal Mittal, Advocate, Amarjit Kaur Khurana, Advocate
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.
