CRM-M No. 11268 of 2024 · Punjab And Haryana High Court · 2024
Case at a glance
Outcome
Disposed of
Petition stands disposed off accordingly
Provisions considered
- Code of Criminal Procedure, 1973 ss. 438(2), 439(2)
- Indian Evidence Act, 1872 s. 27
Key paragraphs
- Para 88. Petition stands disposed off accordingly. May 01, 2024 Dpr Whether speaking/reasoned Whether reportable : : (Pankaj Jain) Judge Yes/No Yes/No Deepak Kumar 2024.05.02 11:07 I attest to the accuracy and integrity of this document
Judgment
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. S.P.S. Khaira, Advocate for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab. Mr. Kuldeep Singh, Advocate for respondent No.2. PANKAJ JAIN, J. (ORAL) On 04.03.2024, the following order was passed :-
Inter alia submits that its a case of alleged wrong disbursal of the compensation which has been released against the bond. Further submits that in case the disbursal authorities i.e. NHAI suffers any loss, the same shall be reimbursed by the petitioner. Notice of motion On the asking of the Court, Mr. Tarun Aggarwal, Sr. D.A.G., Punjab accepts notice on behalf of respondent No.1. Mr. Kuldeep Singh, Advocate accepts notice on behalf of respondent No.2. Adjourned to 01.05.2024. 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/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.
Deepak Kumar 2024.05.02 11:07 I attest to the accuracy and integrity of this document CRM-M-11268-2024 -2-
Today, Ld. State Counsel on instructions from HC Ashok submits that the petitioner has already joined investigation and is no more required for custodial interrogation.
Without commenting on the merits of the case and in view of the aforesaid fact, order dated 04.03.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) 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.
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.
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.
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-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial.
Operative part
Petition stands disposed off accordingly. May 01, 2024 Dpr Whether speaking/reasoned Whether reportable : : (Pankaj Jain) Judge Yes/No Yes/No Deepak Kumar 2024.05.02 11:07 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition stands disposed off accordingly
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 438(2), 439(2); Indian Evidence Act, 1872 — s. 27.
Which court decided this case, and when?
Punjab & Haryana High Court, on 01 May 2024. The bench was PANKAJ JAIN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.