The petitioner was convicted under section 380 of the Indian penal code 1860, i.e., “Theft in dwelling house, etc.—Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment and shall also be liable to fine.” and section 457 IPC, i.e., “Lurking house-trespass or house-breaking by night in order to commit an offense punishable with imprisonment. —Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offense punishable with imprisonment and fine.”
According to the case even though the interim bail was made absolute the petitioner was required to join the further investigation and abide by the conditions mentioned under section 438(2) Cr.P.C. which states that “When the High Court or the Court of Session makes a direction a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer”
This was filed in FIR No.41 on the 28th February 2021 which was registered at the police station in the district of Gurdaspur Therefore the petitioner is seeking before this high court anticipatory bail. This judgment and final order were given in the high court of Punjab and Haryana at Chandigarh by Hon’ble Mr. Justice Anupinder Singh Grewal in the case of Rohit Kumar v/s. State of Punjab CRM-M-11976-2021 on the 23rd of July 2021. Mr. Varinder Basa represented as the advocate for the petitioner and Mr. Dhruv Dayal represented the state of Punjab. The proceedings of the court were held through video conference due to the covid-19 pandemic.
According to the facts of the case, 43 mobile phones had been stolen and there was a delay of four days in registering the FIR, the petitioner has been brutally beaten up by the complainant on the basis of suspicion, a copy of MLR (medical-legal report) of the petitioner is given to the court regarding the same and also the petitioner has not been previously involved in any criminal case.
According to the previous court order on the 22nd of may 2021 which directed the petitioner to appear before the investigation officer and join the investigation and because of this arrest he was released on ad-interim bail to satisfy the investigating officer under the conditions in section438(2) Cr.P.C.
However, the advocate representing the state of Punjab, stated that even though the petitioner was present for the investigation and 10 mobile phones were recovered from him, the petitioner fails to corporate and more recoveries have to be effected from him and the counsel also claimed that 20 mobile phones were recovered from the co-accused.
Therefore, the high court of Punjab and Haryana concluded after hearing the counsel for both the petitioner and state “In view of the above and the petitioner had joined the investigation, the order dated 22.03.2021 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation as and when called upon to do so. The petition stands disposed of”