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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Pyara Singh - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous Petition (M) No. 46739 of 2022
Decided On : 13-12-2022
Anticipatory Bail - Grant of Anticipatory Bail - Summary: The court granted interim anticipatory bail to the petitioner subject to joining the investigation. Upon the petitioner joining the investigation and cooperating, the interim anticipatory bail was made 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 Prevention of Corruption Act, 1988. The court had previously granted interim bail subject to joining the investigation.
Finding of the Court:
The court found that the petitioner had joined the investigation and was cooperating, leading to the interim anticipatory bail being made absolute.
Issues: The main issue was the grant of anticipatory bail in a case involving serious charges under the Indian Penal Code and the Prevention of Corruption Act, 1988.
Ratio Decidendi: The court's decision was influenced by the petitioner's cooperation and participation in the investigation, which led to the grant of absolute anticipatory bail.
Final Decision: The court disposed of the petition by making the interim anticipatory bail absolute, considering the petitioner's cooperation in the investigation.
JUDGMENT
Avneesh Jhingan , J. - This petition is filed for grant of anticipatory bail in FIR No. 13 dated 29.6.2022 under Sections 166, 177, 409, 418, 420 and 120 B IPC and Sections 13(1)(c), 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau Range, Ferozepur.
2. This Court vide order dated 12.10.2022 granted the interim bail subject to joining investigation.
3. Learned State Counsel, on instructions from Investigating Officer DSP Rakesh Kumar, SVB, Hissar submits that the petitioner has joined the investigation and is co-operating.
4. Since the petitioner has joined the investigation and is co-operating, interim anticipatory bail granted is made absolute.
Disposed of accordingly.
The main legal point established in the judgment is the significance of the petitioner's cooperation and participation in the investigation as a factor in granting absolute anticipatory bail.
The court's decision was based on the petitioner's cooperation and commitment to continue joining the investigation as and when called for, which influenced the grant of absolute anticipatory bail.
The main legal point established is that the petitioner's cooperation with the investigation and not being required for custodial interrogation influenced the court's decision to grant anticipatory b....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation and without expressing any opinion on the merits of the case.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the petitioner's cooperation with the investigation agency and lack of requirement for further custodial interrogation.
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