IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Suresh Kumar - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous Petition (M) No. 33819 of 2022
Decided On : 13-12-2022
Anticipatory Bail - Criminal Law - The court granted interim anticipatory bail to the petitioner subject to joining the investigation, and later made it absolute upon the petitioner's cooperation and commitment to continue joining the investigation as and when called for.
Fact of the Case:
The petitioner filed for anticipatory bail in a case involving various sections of the Indian Penal Code and the Prevention of Corruption Act. The court had earlier 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 grant of absolute anticipatory bail subject to the petitioner's commitment to continue joining the investigation as and when called for.
Issues: Grant of anticipatory bail, petitioner's cooperation in the investigation
Ratio Decidendi: The court's decision was influenced by the petitioner's cooperation and commitment to continue joining the investigation as and when called for, leading to the grant of absolute anticipatory bail.
Final Decision: The court disposed of the petition by making the interim anticipatory bail absolute, subject to the petitioner's continuing cooperation in the investigation.
JUDGMENT
Avneesh Jhingan , J. - This petition is filed for grant of anticipatory bail in FIR No. 15 dated 6.7.2022 under Sections 120 B, 409, 420, 467, 468, 471 IPC, 1860 and Sections 13(1)(c), 13(1)(d) of Prevention of Corruption Act, 1988 registered at Police Station SVB Hisar, District State Vigilance Bureau.
2. This Court vide order dated 12.09.2022 granted the interim bail subject to joining investigation.
3. Learned State Counsel, on instructions from Investigating Officer Inspector Dharamvir, SVB, Hissar submits that the petitioner has joined the investigation and is co-operating but he needs to continue join investigation as and when called for.
4. Since the petitioner has joined the investigation and is co-operating, interim anticipatory bail granted is made absolute subject to his continuing join the investigation as and when called for.
Disposed of accordingly.
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 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 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....
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