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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Aman Chaudhary, J.
Amarjit Singh - Appellant
Versus
State of Punjab - Respondent
Criminal Miscellaneous Petition (M) No. 44905 of 2022
Decided On : 02-12-2022
Pre-arrest Bail - Grant of Pre-arrest Bail under Section 438 Cr.P.C. - The court allowed the anticipatory bail petition filed by the petitioner, subject to compliance with specified conditions under Section 438(2) Cr. P.C.
Fact of the Case:
The petitioner filed a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered under Sections 379, 411 IPC. The petitioner had joined the investigation and cooperated with the investigating agency.
Finding of the Court:
The court allowed the anticipatory bail petition, noting the petitioner's cooperation with the investigation and without expressing any opinion on the merits of the case.
Issues: Prayer for grant of pre-arrest bail, cooperation with the investigating agency, compliance with conditions under Section 438(2) Cr. P.C.
Ratio Decidendi: The court considered the petitioner's cooperation with the investigation and the fact that the petitioner was not required for further custodial interrogation in granting the anticipatory bail.
Final Decision: The anticipatory bail petition filed by the petitioner was allowed, and the interim bail granted earlier was made absolute, subject to compliance with specified conditions under Section 438(2) Cr. P.C.
JUDGMENT
Aman Chaudhary, J. - The prayer in the present petition filed under Section 438 Cr.P.C. is for grant of pre-arrest bail to the petitioner in case FIR No. 203 dated 17.8.2022, registered under Sections 379, 411 IPC, at Police Station Civil Lines, District Bathinda.
2. Learned counsel for the petitioners submits that in pursuance of order dated 28.9.2022 of this Court, the petitioner has not only joined investigation but has also fully cooperated with the investigating agency.
3. Learned State counsel affirms the factum of joining the investigation by the petitioner and cooperating with the investigation agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation.
4. In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 28.9.2022 granting interim bail to the petitioner, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C
5. However, it is made clear that if the petitioner fails to join and cooperate with the investigation agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to the petitioner.
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.
The court may grant pre-arrest bail based on the petitioner's cooperation with the investigation agency and the lack of requirement for further custodial interrogation.
The non-disclosure of the co-accused's whereabouts was not sufficient grounds for denial of anticipatory bail.
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