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Manjit Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 April 2011 · Citation: (2011) 04 P&H CK 0288

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 148, 149, 323, 324, 325
CASE NUMBER
Criminal Miscellaneous No. M-7907 of 2011
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Judgment

11 paragraphs · 339 words

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 438 Code of Criminal Procedure for grant of pre-arrest bail to the Petitioner in case FIR No. 168 dated 7.12.2010 registered at Police Station Zira, District Ferozepur under Sections 326, 325, 324, 323, 452, 148, 149 IPC.

On 18.3.2011, a Co-ordinate Bench had passed the following order:

Learned Counsel for the Petitioner states that in compliance of the order dated 4.2.2011 passed by the Sessions Judge, Ferozepur, Petitioner had joined the investigation and the weapon has already been recovered.

Learned Counsel for the Petitioner while placing reliance on the judgment of Hon''ble the Apex Court in the matter of Siddharam Satlingappa Mehtre v. State of Maharashtra, 2011 (1) RCR (Cri) 126 has argued irrational and indiscriminate arrest are gross violation of human rights.

Notice of motion for 21.4.2011.

Meanwhile, in the event of arrest of the Petitioner, he shall be released on bail by the Investigating Officer on furnishing their personal bonds and one surety each to the satisfaction of the Investigating Officer, subject to the limitations provided u/s 438(2) of the Code. Petitioner-accused shall participate in the investigation as and when he is required.

2.

Counsel for the Petitioner contends that co-accused of the Petitioner was granted pre-arrest bail on 9.3.2011 in Criminal Misc. No. M- 4594 of 2011.

3.

During the course of arguments, it is not disputed that it is a case of version and cross-version.

4.

Counsel for the State, on instructions from ASI Parveen Kumar, Police Station, Zira has submitted that the Petitioner has joined the investigation and is no longer required for custodial interrogation.

5.

For the reasons stated in order dated 18.3.2011 and the statement made by counsel for the State, order dated 18.3.2011 is made absolute till the submission of report u/s 173 Code of Criminal Procedure (Challan), subject to conditions as provided u/s 438(2) Code of Criminal Procedure Thereafter, the Petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.

Petition stands disposed of.