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(2022) Law Today Live Doc. Id. 16586
Decided on: 23.03.2022
Present:
Mr. Birinder Pal, Advocate for Ms. Shubreet Kaur, Advocate for the petitioners.
Mr. Bhupender Beniwal, AAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Section 323, 326, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Interim bail -- Submission by ld. State counsel that the bail applicants have meted the required/enjoined co-operation(s) to the investigating officer concerned -- After completion of investigations, the IO, is very promptly instituting an affirmative report u/s 173 of the Cr.P.C. -- Not fit and proper case to order custodial interrogation of the bail applicants – Interim bail made absolute.
(Para 1-4)
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SURESHWAR THAKUR, J. (ORAL) –
1. In FIR No.92 dated 13.12.2021, registered at Police Station Harike, District Tarn Taran, constituting therein offences under Sections 323, 326, and, 34 of IPC, 1860 are embodied.
2. Through an order made on 14.01.2022, ad-interim bail was granted to the bail applicants. Today the matter was listed before this Court, for an intimation being made by the learned State counsel, as to whether the bail applicants have meted fullest co-operation to the investigating officer concerned, inasmuch as the accused concerned, enabling the effectuation of the recoveries at their respective instances, of the incriminatory weapon(s), to the investigating officer concerned. The learned State counsel, on instructions meted to him by ASI Savinderpal Singh, made a fair submission before this Court, that the bail applicants have meted the afore required/enjoined co-operation(s) to the investigating officer concerned. Moreover, he also submits, that the condition of the victim concerned, has not deteriorated to a life endangering extent hence in pursuance to the injuries becoming inflicted, upon his person by the accused. Moreover, when the learned State counsel also makes a submission before this Court, that after completion of investigations into the FIR (supra), the investigating officer concerned, is very promptly instituting an affirmative report under Section 173 of the Cr.P.C., before the learned trial Judge concerned.
3. Therefore, in the wake of the above, this Court does not deem it fit and proper to order for the custodial interrogation of the bail applicants.
4. Consequently, the order made by this Court on 14.01.2022 granting interim bail is made absolute, on the same terms and conditions.
5. Disposed of.
Petition allowed.
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