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High Court of Punjab and HaryanaCRA-S/35/2023allowed

Ashok v. State Of Haryana

2023-04-12Mr. Justice Jagmohan Bansal2 pages

CRA-S-35-2023 (O&M) -12023:PHHC:050152

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRA-S-35-2023 (O&M) Date of Decision : 12.04.2023 Ashok ......... Appellant

Versus

State of Haryana ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Nafeesh Ahmed, Advocate for the appellant.

Ms. Dimple Jain, AAG, Haryana.

**** JAGMOHAN BANSAL , J. (Oral) On 09.01.2023, the following order was passed :- "Through instant appeal, the appellant is seeking anticipatory bail in FIR No.0308 dated 13.11.2022, registered at Police Station City Nuh, District Nuh, under Sections 148, 149, 323, 325, 341, 379A and 354A of IPC, 1860.

Learned counsel for the appellant inter alia contends that this Court vide order dated 16.12.2022 in CRA-S-2677-2022 has extended concession of interim bail to co-accused i.e. Gulshan.

Notice of motion returnable for 12.04.2023.

To be heard alongwith CRA-S-2677-2022.

Interim in the same terms."

Learned State counsel on instructions from ASI Mahender submits that the appellant has joined investigation and no custodial interrogation is required.

ANJU GOEL 2023.04.12 17:02 I attest to the accuracy and integrity of this document

CRA-S-35-2023 (O&M) -22023:PHHC:050152 In view of the above, the appeal is allowed and the interim bail granted to the appellant vide order dated 09.10.2023 passed in CRA-S-2677-2022 is made absolute subject to the conditions envisaged under Section 438(2) of Cr.P.C.

If the appellant or his family members/associates make any attempt to threat/intimidate the witnesses in the present case, the State would be at liberty to move an application for cancellation of bail granted by this order.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and Trial Court shall proceed without being prejudiced by observations of this Court.

12.04.2023 ( JAGMOHAN BANSAL ) anju JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.04.12 17:02 I attest to the accuracy and integrity of this document