IGARH v. State of Pun

HON’BLE MR. JUSTICE PA PANKAJ JAIN Present: Mr. Dinesh Nagar, Advocate for the petitioners. Mr. Tarun Aggarwal, Sr. DAG . DAG, Punjab. *** PANKAJ J KAJ JAIN, J. (ORAL) On 05.04.2024, the following o wing order was passed :- “ Apprehending his ar arrest in FIR No.0008 date

02.03.2024, registered under der Sections 379/411 IPC at Polic Police Station Rahon, District SBS N BS Nagar, petitioner seeks pre-arre arrest bail. Learned counsel for the r the petitioner inter alia relies upo the order dated 22.03.2024 24 passed in CRM-M No.15042 42 of 2024 whereby co-accused na namely Karan has been granted th ed the benefit of pre-arrest bail. Notice of motion. On the asking of the C the Court, Mr. Tarun Aggarwal, S al, Sr. DAG, Punjab appears and nd accepts notice on behalf of th of the respondent-State. To come up along with with CRM-M No.15042 of 2024 o 24 on RAJNEESH SHARMA 2024.05.27 04:29 I attest to the accuracy and integrity of this document

27.05.2024, as prayed for. Interim orders in the sam e same terms. ” CRM-M-16 16604-2024 -2-

Today, learned State Counsel unsel, on instructions from HC Jarna Jarnail Singh, subm submits that the petitioner has alrea s already joined investigation and is n nd is no more requir required for custodial interrogation.

Without commenting on the m the merits of the case and in view o view of the aforesa foresaid fact, order dated 05.04.2024 .2024 is made absolute, subject to th t to the conditions itions as enumerated under Sections 43 ions 438(2) Cr.P.C.

This order should not be treat e treated as "blanket" order. It will n will not be read gra ad granting the petitioner indefinite p finite protection from arrest. It shall b shall be confined to ined to the FIR mentioned ibid and w and will not operate in respect of an t of any other incide incident that involves commission of n of an offence.

This order does not in any ma ny manner limit or restrict the rights o rights or duties of th s of the police or investigating agenc agency to investigate into the charge charges against the st the petitioner.

The petitioner shall be deemed eemed to be in custody for the purp purpose of Section ction 27 of the Evidence Act in regar regard to a discovery of facts made made in pursuance ance of information supplied by the by the petitioner in case the occasio ccasion arises.

It will be open to the police or lice or the investigating agency to mov to move this Court f ourt for a direction under Section 439 ion 439(2) Cr.P.C. to arrest the accuse accused, in the even e event of violation of any term, such , such as absconding, non-cooperatin perating during inve g investigation, evasion, intimidation o ation or inducement to witnesses with s with a RAJNEESH SHARMA 2024.05.27 04:29 I attest to the accuracy and integrity of this document CRM-M-16 16604-2024 -3- view to infl to influence outcome of the investigat estigation or trial.