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Judgment
Pankaj Jain, J
On 01.03.2024, the following order was passed :-
“Counsel for the petitioner relies upon order dated 26.02.2024 passed in CRM-M-9896-2024, wherein co-accused Gurbaj Singh @ Baj has been granted interim relief.
Counsel submits that the petitioner has also been nominated by co-accused Vijay Singh and has no role in the present case.
Notice of motion for 01.05.2024.
To be listed alongwith CRM-M-9896-2024.
Interim in the same terms as passed in CRM-M-9896- 2024”
Today, Ld. State Counsel on instructions from ASI Nishan Singh submits that the petitioner has already joined investigation and is no more required for custodial interrogation.
Without commenting on the merits of the case and in view of the aforesaid fact, order dated 01.03.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C.
This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.
The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.
It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.
Petition stands disposed off accordingly.