High CourtsSingle Bench

Ram Chand and another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 19 September 2018 · Citation: (2018) 09 P&H CK 0132

HON’BLE JUDGES
Hari Pal Verma, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438, 438(2), 482 · Indian Penal Code, 1860 — Section 120B, 420, 465, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 33292-2018, Criminal Miscellaneous -M- No. 24054 of 2018
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Judgment

19 paragraphs · 284 words

Prayer in this application filed under Section 482 Cr.PC is for placing on record the copies of documents i.e. complaint, statements, enquiry report

dated 07.09.2017, mutation No.8270 dated 31.03.2016, Rapat Roznamcha dated 03.03.2016, agreement dated 18.04.2016, affidavit of Vidya Devi

dated 24.02.2016, death certificate of Kamlesh Rani dated 23.10.2012 and Aadhar Card of Kamlesh Rani dated 02.11.2011 as Annexures R-2/1 to R-

2/10.

The copies of aforementioned documents (Annexures R-2/1 to R-2/10) are taken on record subject to all just exceptions.

CRM stands disposed of.

Petitioners Ram Chand and Prem Chand have filed the present petition under Section 438 Cr.P.C. seeking anticipatory bail in the event of their arrest

in FIR No.86 dated 29.04.2018 under Sections 420, 465, 467, 468, 471 and 120-B IPC registered at Police Station Civil Lines, Bathinda, District

Bathinda.

Learned counsel for the petitioners states that pursuant to the order dated 31.05.2018 passed by this Court, the petitioners have joined the

investigation.

On the other hand, learned State counsel, on instructions from ASI Harbans Singh, does not dispute the aforesaid fact and states that the custodial

interrogation of the petitioner is no more required at this stage.

I have heard learned counsel for the parties.

Since the petitioners have joined the investigation and their custodial interrogation is no more required and considering the fact that the culpability of

the petitioners is yet to be established during the trial, the present petition is allowed and the interim bail granted to the petitioners vide order dated

31.05.2018 is made absolute.

However, if required, the petitioners shall continue to join investigation as and when required to do so and shall abide by the terms and conditions, as

laid down under Section 438(2) Cr.P.C.