Crl.M.No.26041-M of 2010(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.26041-M of 2010(O&M) Date of Order: 16.9.2010 Daljit Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. B.S. Bhalla, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Crl.M.No.46417 of 2010 Application is allowed as prayed for. Crl.M.No.26041-M of 2010 By filing the instant petition, petitioner has invoked the jurisdiction under Section 482 Cr.P.C for quashing of order dated 19.2.2010 (P.3) passed by ld. Special Judge, Faridkot whereby on an application filed by the police, petitioner after having been found innocent has been ordered to be released with a rider that in case fresh evidence comes on record, he can be re-arrested. Briefly, facts are that a racket of sending people abroad on forged passports was unearthed by the police officials at Moga and an FIR No.135 dated 13.7.2008 was registered at Police Station City Moga. It appears that the petitioner on his return from America in 2006 was investigated and arrested in the aforesaid FIR on the allegations that his passport was forged one. It is next stated that after investigations, the police Crl.M.No.26041-M of 2010(O&M) #2# found the petitioner innocent and accordingly instituted an application under Section 169(2) Cr.P.C for his release from custody, which has been allowed vide impugned order dated 19.2.2010 (P.3) but with the aforesaid rider. The grievance of the petitioner is to the observation of the learned trial Court, which has recorded that “he can be arrested if fresh evidence comes on record against him”. After hearing learned counsel for the petitioner, this court is of the view that there is no illegality in the aforesaid observation. Needless to say that if any fresh evidence comes to light against any of the persons including the accused released under Section 169(2) Cr.P.C, they can be duly summoned and further investigated. If the effective investigation requires the custodial interrogation, no fetters can be imposed. No ground for interference is made out. Dismissed. September 16, 2010 ( JASWANT SINGH ) manoj JUDGE