Gourav Chauhan v. State Of Haryana

2024:PHHC:042913

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-487-2024 Date of decision : 01.04.2024 GOURAV CHAUHAN ....Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN

Present:

Mr. Mohit Kumar, Advocate for the petitioner. Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) Apprehending his arrest in FIR No.158 dated 13.06.2022, registered for offences punishable under Sections 148, 149, 341, 302, 120-B of the Indian Penal Code, 1860 and Sections 25, 54, 59 of Arms Act (added later on), at Police Station Guhla, District Kaithal (Haryana), the petitioner has preferred this petition under Section 438 Cr.P.C. seeking prearrest bail. 2.

On 09.01.2024, the following order was passed :- "Counsel for the petitioner relies upon order dated 30.10.2023 passed by Coordinate Bench of this Court in CRMM-52722- 2023, whereby co-accused Shelly @ Sahil has been granted interim protection.

Notice of motion 01.04.2024.

Mr. Gaurav Bansal, DAG, Haryana, accepts notice on behalf of the respondent-State.

Interim in the same terms as order passed in CRM-M52722-2023." Deepak Kumar 2024.04.01 17:26 I attest to the accuracy and integrity of this document

CRM-M-487-2024 -22024:PHHC:042913 2.

Today, Ld. State Counsel on instructions from SI Satyawan submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 09.01.2024 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 4.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

6.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

7.

It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

April 01, 2024 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.04.01 17:26 I attest to the accuracy and integrity of this document