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High Court of Punjab and HaryanaCRM-M/2096/2021allowed

Manesh Kumar v. State Of Haryana

2021-08-19Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No2096 of 2021(O&M) Date of Decision: 19.08.2021 Manesh Kumar ......Petitioner Vs State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Gurpreet Singh, Advocate for the petitioner.

Mr. Anant Kataria, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail in case bearing FIR No.0197 dated 28.12.2020 registered under Sections 420, 467, 468, 471 IPC at Police Station Sadar Rewari. Notice of motion was issued on 15.01.2021 and arrest of the petitioner was stayed. Thereafter, vide order dated 31.03.2021, the petitioner was directed to join the investigation. Order dated 31.03.2021 reads as under:-

"The case has been taken up for hearing through video conferencing.

Learned counsel for the petitioner submits that the petitioner was never appointed by DHVBNL, Hisar, rather he was engaged by an agency i.e. M/s Sandhya and Co., whose services in turn were availed by DHBVNL as outsourcing agency for various categories of employees. The petitioner was never paid any salary by DHBVNL, rather the same was paid by the outsourcing agency. No qualification was prescribed by the employer of the petitioner at the time of his initial engagement in the service. The outsourcing agency has no grievance in terms of any wrongful loss or gain by the petitioner. The allegations are relatable to documentary evidence for which custodial interrogation of the petitioner is not required.

In view of aforesaid, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 07.04.2021 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, on his furnishing requisite bail bonds/surety bonds subject to the satisfaction of Arresting Officer. However, the petitioner shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C.

List on 02.07.2021."

Thereafter, vide order dated 02.07.2021, one more indulgence was granted in favour of the petitioner to co-operate with the Investigating Officer. He was directed to join the investigation again on 08.07.2021.

Today, learned State counsel on instructions from ASI Pawandeep Kumar submits that the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and he is no more required for further custodial interrogation. In view of statement made by learned State counsel, the interim order dated 31.03.2021 is made absolute. Petitioner shall keep on joining the investigation as and when required to do so and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 19.08.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No