High CourtsSingle Bench

Lakhwinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 30 November 2022 · Citation: (2022) 11 P&H CK 0119

HON’BLE JUDGES
Aman Chaudhary, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 120B, 406, 407, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 39028 Of 2022
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Judgment

7 paragraphs · 228 words

Aman Chaudhary, J

The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.0179, dated 28.7.2022, under Sections 420, 406, 407, 120-B IPC, registered at Police Station City Rajpura, District Patiala.

Learned counsel for the petitioners submits that in pursuance of order dated 8.9.2022 of this Court, the petitioner has not only joined investigation but has also fully cooperated with the investigating agency.

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.

On the other hand, learned counsel for the complainant opposes the prayer of the petitioner on the ground that he was the driver-cum-owner of the vehicle in question and therefore, without his connivance the goods cannot be stolen from the truck.

In view of the above, the order of this Court dated 8.9.2022, granting interim anticipatory bail to the petitioner is made absolute. The petitioner shall abide by the conditions as enshrined under Section 438(2) Cr.P.C.

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.