Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16329
Decided on: 06.07.2021
Present:
Mr. Kamal Narula, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 323, 427, 379, 148 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail to juvenile – Petitioner is aged about 17 years and is a juvenile and he is alleged to be armed with the baseball bat but no injury is attributed to him – On interim bail petitioner appeared before the SHO/Investigating Officer and has joined the investigation and is no more required for any further investigation -- Petition allowed and the interim bail granted to the petitioner, made absolute.
(Para 2-5)
***
ARVIND SINGH SANGWAN, J. (ORAL) –
1. The petition prays for grant of anticipatory bail in FIR No. 82 dated 17.05.2019, registered under Sections 323, 427, 379 and 148 of the IPC, 1860 at Police Station Guruharsahai, District Ferozepur, Punjab.
2. The operative part of the order dated 03.02.2020, vide which the petitioner has been granted interim bail, is reproduced below:
“....Learned Counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. The petitioner is aged about 17 years and is a juvenile. The petitioner is alleged to be armed with the baseball bat but no injury is attributed to him. Custodial interrogation of the petitioner is not required.
Notice of motion.
On the asking of the Court, Mr. Sandeep Singh Deol, D.A.G. Punjab accepts notice on behalf of the respondent-State. Copy of the paper book has been supplied to learned State Counsel, who seeks time to complete his instructions.
Adjourned to 18.04.2020.
In the meanwhile, in the event of arrest of the petitioner, he shall be released on interim anticipatory bail by the arresting officer on furnishing of personal and surety bonds by him to the satisfaction of the arresting officer. The petitioner shall comply with the conditions enumerated under Section 438(2) of the Cr.P.C. failing which he shall not be entitled to the benefit of interim anticipatory bail granted to him.
3. Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 03.02.2020, has already appeared before the SHO/Investigating Officer and has joined the investigation.
4. Learned State counsel, on instructions from SI Gurmeet Singh, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.
5. In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 03.02.2020, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition allowed.
********