PIPPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed under Sec. 438 of the Code of Criminal Procedure by Pippal Singh, petitioner-accused, for issuance of a direction to the Officer-in-Charge / Investigating Officer/Arresting Officer/Illaqa Magistrate, releasing him on bail in the event of his arrest in FIR No. 129 dated 6.5.2010 under Sections 406 and 420 Indian Penal Code registered at Police Station, Nakodar, District Jalandhar.

(3.) The interim anticipatory bail was granted by this Court on 19.11.2010 and in the event of arrest of the petitioner in the said FIR, he was ordered to be released on bail to the satisfaction of the Arresting Officer. Som Nath, SI, who is said to be the Investigating Officer, is present in the Court today. He tried to project through the State counsel that the petitioner is not cooperating in the investigation. When asked, whether he was joined in the investigation, reply in the negative was given. According to this Investigating Officer, the petitioner had come to him and left after making representation that talks for the compromise was going on between him and the complainant. Once the petitioner had come to him, he was duty bound to arrest him and as per the said order to release him on bail. The Investigating Officers are not to act on their own whims and they cannot device their own procedure. The investigation is being regulated by the provisions of the Criminal Procedure Code and Police Rules and it is a case where that procedure has been given a go by.