Gurvinder Singh Vs State of Punjab

High Court Of Punjab And Haryana At Chandigarh 29 Mar 2011 Criminal Miscellaneous No. M-19033 of 2010 (2011) 03 P&H CK 0730
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous No. M-19033 of 2010

Hon'ble Bench

Rajan Gupta, J

Acts Referred
  • Criminal Procedure Code, 1973 (CrPC) - Section 173, 438, 438(2)
  • Penal Code, 1860 (IPC) - Section 420

Judgement Text

Translate:

Rajan Gupta, J.@mdashThis is a petition filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner vide FIR No. 102 dated 05.06.2010 u/s 420 IPC at Police Station Chhehartta, Amritsar.

2. Learned State counsel at the outset seeks permission of this Court to place on record reply by way of affidavit of Commissioner of Police, Amritsar city. The prayer is accepted. Affidavit is taken on record. Learned State counsel submits that investigation in this case has already been completed and challan is likely to be presented before the competent Court of jurisdiction shortly.

3. Learned Counsel for the Petitioner submits that the Petitioner joined investigation during the proceedings and shall face the trial in case name of the Petitioner figures in the final report submitted by the police. Mr. Chaudhri has emphasized that in the initial version, the complainant had named Danish Immigration as the main accused as well as owner thereof (Onkar Singh). He, however, submits that he shall take all these pleas at the relevant stage before the trial Court.

4. In view of the fact that investigation of the case has been completed and stand of the investigating agency is that it is likely to submit its final report u/s 173 Code of Criminal Procedure. before the competent Court of jurisdiction shortly, I am of the considered view that interim order dated July 07, 2010 needs to be made absolute. This, however, will be subject to the provisions as envisaged u/s 438(2) Code of Criminal Procedure.

Disposed of.

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