High CourtsSingle Bench

Kalu Ram vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 12 September 2018 · Citation: (2018) 09 P&H CK 0063

HON’BLE JUDGES
Jaishree Thakur, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 120B, 376, 366, 344, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 41640 of 2017 (O&M)
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Judgment

9 paragraphs · 175 words

The instant petition has been filed under Section 438 of Cr.P.C., for grant of anticipatory bail to the petitioner in FIR No.99 dated 18.09.2017, under

Sections 376, 366, 344, 506, 120-B of the Indian Penal Code, registered at Police Station City Fazilka, District Fazilka.

Learned counsel for the petitioner contends that the petitioner is falsely implicated in the present case and on the direction of this Court, has joined the

investigation. It is also contended that nothing is to be recovered from him.

Learned State counsel, on instructions from HC Gurdev Singh, submits that petitioner has joined the investigation and he is not required for the

custodial interrogation.

In view of the facts that the petitioner is not required for custodial interrogation and has joined the investigation, without commenting on the merits of

the case, the petition is allowed and order dated 15.01.2018 granting interim bail to the petitioner is made absolute subject to the conditions laid down in

Section 438 Sub Section 2 Clauses (i) (ii) and (iii) of the Code of Criminal Procedure.