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(2020) Law Today Live Doc. Id. 15564 = 2020 L.A.R. (e-Suppl.) 1586
Decided on: 28.10.2020
Present:
Mr. Vipin Mahajan, Advocate for the petitioner.
Mr. Bhupender Beniwal, AAG, Punjab.
Mr. Vipul Joshi, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cheating and forgery – Anticipatory bail -- Contention of complainant that the specific role has been attributed to the petitioner, is a matter to be appreciated during the course of trial -- Considering the fact that the petitioner has joined investigation and his custodial interrogation is no more required, petition allowed and the interim order made absolute.
(Para 2,7)
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HARI PAL VERMA, J. (ORAL) –
1. The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
2. Prayer in this petition filed under Section 438 CrPC is for grant of anticipatory bail to the petitioner in case FIR No.201 dated 26.07.2020 under Sections 420, 465, 467, 468, 471 IPC registered at Police Station ‘A’ Division Amritsar.
3. Learned counsel for the petitioner states that pursuant to order dated 25.09.2020 of this Court, the petitioner has joined investigation.
4. Learned State counsel, on instructions from Insp. Inderjit Singh, does not dispute the fact that the petitioner has joined the investigation and submits that the custodial interrogation of the petitioner is no more required.
5. However, learned counsel for the complainant submits that the role attributed to the petitioner in this case is specific, as money was entrusted to him and there are other FIRs registered against the petitioner and therefore, he is not entitled for bail.
6. I have heard learned counsel for the parties.
7. As far as the contention raised on behalf of the complainant that the specific role has been attributed to the petitioner, is a matter to be appreciated during the course of trial. However, considering the fact that the petitioner has joined investigation and his custodial interrogation is no more required, the present petition is allowed and the interim order dated 25.09.2020 is made absolute.
8. However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C.
Petition allowed.
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