AND HARYANA AT CHANDIGARH 106-2 CRM-M-41439-2023 Date of Decision : February 14 & Anr. v. STATE OF PUNJAB
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 33. In view of the above, the hereinabove extracted interim order dated 18.01.2024, as made by this Court, is made hereby absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.
Judgment
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Dinesh Nagar, Advocate for the petitioners. Mr. Pardeep Bajaj, D.A.G., Punjab *** KULDEEP TIWARI, J. (ORAL)
On 18.01.2024, this Court had passed the hereinafter extracted order, upon the instant petition:-
On 22.08.2023, a co-ordinate Bench of this Court stayed the arrest of the petitioners till the next date of hearing. Today, learned State counsel, on instructions imparted to him by ASI Ashok Kumar, informs this Court that the FSL report qua authenticity of the suicide note, has not been received despite several reminders sent to the authority concerned. The petitioners, who are mother-in-law and father-in-law seeking the relief of anticipatory bail have been arrayed as accused in the FIR solely on the basis of the suicide note. Adjourned to 14.02.2024. In the meanwhile, the petitioners are directed to join the investigation and co-operate with the investigating officer and on their doing so, the petitioners be released on interim bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall continue to join the investigation as and when called upon to do so, and shall abide by the conditions as provided under Section DEVINDER YADAV 2024.02.15 09:28 I attest to the accuracy and authenticity of this order/judgment CRM-M-41439-2023 2 438(2) Cr.P.C. To be shown in the urgent list.
Today, the learned State counsel, on instructions imparted to him by A.S.I. Dharminder Singh, has stated that pursuant to the making of the hereinabove extracted order, the petitioners had joined investigation and they are no longer required for custodial interrogation.
In view of the above, the hereinabove extracted interim order dated 18.01.2024, as made by this Court, is made hereby absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.
This order should not be treated as “blanket” order. It will not be read granting petitioners 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.
Needless to say that anything observed hereinabove shall not be construed to be an opinion on the merits of the case. February 14, 2024 devinder (KULDEEP TIWARI) JUDGE Whether speaking/reasoned : : Whether Reportable Yes/No Yes/No DEVINDER YADAV 2024.02.15 09:28 I attest to the accuracy and authenticity of this order/judgment
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 14 Feb 2024. The bench was KULDEEP TIWARI.
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.