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High CourtsSingle Bench(2023) 08 P&H CK 0045

Satnam Singh vs State Of Punjab And Another

Punjab And Haryana At Chandigarh · Decided on 10 August 2023

HON’BLE JUDGES
Mahabir Singh Sindhu, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 35006 Of 2023 (O&M)

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Judgment

13 paragraphs · 325 words

Mahabir Singh Sindhu, J

1.

Petition under Section 438 of the Code of Criminal Procedure has been filed for grant of pre-arrest bail to the petitioner in FIR No.22 dated 05.02.2022, under Sections 326, 323, 148 & 149 of the Indian Penal Code, 1860 (for short, ‘the IPC’), registered at Police Station Sri Hargobindpur, District Batala.

2.

Aforesaid FIR was registered on the basis of statement made by one Paramjit Kaur with the allegations that petitioner and other co-accused caused multiple injuries to her.

3.

This Court, on 21.07.2023, granted interim bail to petitioner and relevant part of the same is recapitulated as under:-

“Contends that as per allegations in the FIR itself, the occurrence had taken place on 19.11.2021; whereas, present FIR was registered on 05.02.2022.

Notice of motion for 10.08.2023.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973.”

4.

Contends that in terms of the aforesaid order, petitioner has already joined investigation and his custodial interrogation is not required.

5.

Above factual position is duly acknowledged by learned State Counsel, on instructions from the police officer present in Court and further stated that custodial interrogation of the petitioner is not required at this stage.

6.

In view of above, interim order dated 21.07.2023 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

7.

It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

8.

The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

9.

Disposed off accordingly.