SHUBHAM KUMAR vs STATE OF PUNJAB

CRM-M-38332-2023 1 2023:PHHC:141712 220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38332-2023 Date of decision : 07.11.2023 SHUBHAM KUMAR ....Petitioner Versus STATE OF PUNJAB ....Respondent CORAM: HON'BLE MR.

JUSTICE PANKAJ JAIN Present : Mr.

P.S.

Chahal, Advocate for Mr.

Naveen Sharma, Advocate for the petitioner.

Mr.

Tarun Aggarwal, Sr.

DAG, Punjab.

PANKAJ JAIN, J. (ORAL) On 07.08.2023, the following order was passed :- Apprehending his arrest in FIR No.

38 dated 12.03.2023 for offences punishable under Sections 323, 324, 148, 149 and 506 IPC, 1860 (Section 326 IPC was added later on) registered at Police Station Focal Point, Ludhiana, the petitioner has preferred this petition under Section 438 Cr.P.C seeking pre-arrest bail.

Learned counsel for the petitioner inter alia relies upon the order dated 24.05.2023 passed by a co-ordinate Bench of this Court in CRM-M21622-2023 whereby co-accused has been granted the concession of interim protection and was later on made absolute on 05.07.2023.

Notice of motion.

Amit Shukla, AAG., Punjab who is present in Court accepts notice.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting Officer/ 1 of 3 ::: Downloaded on - 11-11-2023 19:20:04 ::: Neutral Citation No:=2023:PHHC:141712 CRM-M-38332-2023 2 2023:PHHC:141712 Investigating Officer.

As and when called, the petitioner shall join the investigation.

He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C.

To come up on 07.11.2023.” 2.

Today, Ld.

State Counsel on instructions from ASI Harmesh Lal submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 07.08.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C.

4.

Cr.P.C.

This order should not be treated as "blanket" order.

It will not be read granting the petitioner indefinite protection from arrest.

It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

5.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

6.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

7.

It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non- 2 of 3 ::: Downloaded on - 11-11-2023 19:20:05 ::: Neutral Citation No:=2023:PHHC:141712 CRM-M-38332-2023 3 2023:PHHC:141712 cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.

8.

Petition stands disposed off accordingly.

November 07, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neutral Citation No:=2023:PHHC:141712 3 of 3 ::: Downloaded on - 11-11-2023 19:20:05 ::: Neutral Citation No:=2023:PHHC:141712