Madan Lal @ Madan Dass v. State Of Haryana

CRM-M-1823-2023 -12023:PHHC:061257 201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1823-2023 Decided on : 29.04.2023 Madan Lal @ Madan Dass ...... Petitioner

Versus

State of Haryana ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Ms. Anju Sharma, Advocate for the petitioner.

Mr. Rahul Mohan, DAG, Haryana.

**** Manjari Nehru Kaul, J.

1.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No.154 dated 24.12.2022 registered under Section 15(b) of NDPS Act, 1985 at Police Station Rori District Sirsa.

2.

Vide order dated 21.02.2023, petitioner was granted the concession of interim bail in the following terms:- "Learned counsel for the petitioner inter alia contends that the petitioner was nominated as an accused on the basis of disclosure statement of co-accused Buta Singh from whom alleged recovery of 10 kgs of poppy husk was effected. Learned counsel submits that subsequent to the registration of FIR in question, petitioner was granted interim bail by the trial Court vide order dated 28.12.2022, however, on the same day, he was again implicated in a false case under NDPS Act in FIR No.155 dated 28.12.2022 at Police Station Rori, as a result of which, he was SONIA BURA 2023.04.29 12:49 I attest to the accuracy and integrity of this document

CRM-M-1823-2023 -22023:PHHC:061257 unable to join investigation. Learned counsel further submits that other than the case, which was registered on 28.12.2022, the petitioner is not involved in any other criminal case." 3.

Learned counsel for the petitioner states that pursuant to order dated 21.02.2023, passed by this Court, the petitioner has joined the investigation. This fact is not disputed by the counsel for the State as well. 4.

Learned State counsel on instructions from ASI Manish states that the petitioner is no longer required for further interrogation. 5.

In view of the above, the petition is allowed and interim order dated 21.02.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. In case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of bail granted to him. (MANJARI NEHRU KAUL) JUDGE 29.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.29 12:49 I attest to the accuracy and integrity of this document