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(2022) Law Today Live Doc. Id. 16573
Decided on: 11.02.2022
Present:
Mr. Manish Prabhaker, Advocate for the petitioner.
Mr. Bhupender Beniwal, AAG, Punjab.
(Through Video Conferencing)
Indian Penal Code, 1860 (45 of 1860), Sections 326, 324, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Grievous hurt -- Anticipatory bail -- Petitioner fully co-operated with the investigations and has ensured the recovery of the incriminatory weapon of offence -- Victim has fully recovered from the injuries -- State submitted that it may not be any necessity for subjecting the bail petitioner to custodial interrogation – Held, submission is well merited, as any order subjecting the bail petitioner to custodial interrogation, despite his meteing the fullest co-operation to the investigating officer concerned, would curtail, and, fetter his personal liberty – Interim order made absolute.
(Para 1-4)
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SURESHWAR THAKUR, J. (ORAL) –
1. In FIR No.0046 of 02.05.2021, offences constituted under Sections 326, 324, 148, 149 IPC are embodied. FIR (supra), is registered at Police Station Mattewal, Police District Amritsar Rural.
2. The offences (supra), are alleged to be committed by the bail petitioner. The learned State counsel on instructions meted to him, by ASI Harbans Singh submits, that the bail petitioner has fully co-operated with the investigations, as underway into the FIR (supra), and, also submits, that he has ensured the recovery, at his instance, to the investigating officer concerned, of the incriminatory weapon of offence, as become allegedly used by him, for causing injuries to the victim. Furthermore, he also makes a submission before this Court, that the victim has fully recovered from the injuries, entailed upon his person, in sequel to his becoming allegedly assaulted by the bail petitioner.
3. The learned State counsel submits, that in view of the above, there may not be any necessity for subjecting the bail petitioner to custodial interrogation. The above submission is well merited, as any order subjecting the bail petitioner to custodial interrogation, despite his meteing the fullest co-operation to the investigating officer concerned, would curtail, and, fetter his personal liberty.
4. In summa the order made, as by this Court, on 18.11.2021, is made absolute on the same terms and conditions.
5. Pending miscellaneous application(s), if any, stand(s), disposed of.
Order accordingly.
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