High Court of Punjab and HaryanaCRM-M/2846/2023allowed

Gulfan @ Gulla v. State Of Haryana

2023-04-11Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-2846-2023 -12023:PHHC:049042

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2846-2023 Decided on : 11.04.2023 Gulfan @ Gulla ...... Petitioner

Versus

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

Mr. Brijender Kaushik, Advocate for the petitioner.

Mr. Chetan Sharma, AAG, Haryana.

**** Manjari Nehru Kaul, J.

Present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.05 dated 06.01.2023 for the offences under Sections 21(4) of the Mines and Minerals (Regulation of Development) Act, 1957 (hereinafter referred to as, 'the Mines Act') and Sections 186, 279, 307, 332, 34, 353, 427 IPC registered at Police Station Naraingarh, District Ambala.

Vide order dated 19.01.2023, petitioner was granted the concession of anticipatory bail in the following terms:- "Learned counsel for the petitioner submits that a totally false and fabricated case has been foisted upon the petitioner on the allegations that the truck of the petitioner was illegally carrying sand and on being chased by the police party he intentionally struck the said vehicle with the vehicle of the department of Mines and Minerals. Learned counsel SONIA BURA 2023.04.11 16:22 I attest to the accuracy and integrity of this document

CRM-M-2846-2023 -22023:PHHC:049042 submits that the accident in question occurred on account of the fact that the vehicle of the department of Mines and Minerals was being driven on the wrong side of the road which is evident from the pictures which have been annexed as Annexure P-2. He further submits that the petitioner is not involved in any other criminal case much less the one under the Mines Act. It has been further submitted that the petitioner is willing to join the investigation and cooperate with the investigating agency."

Learned counsel for the petitioner states that pursuant to order dated 19.01.2023, passed by this Court, the petitioner has joined the investigation. This fact is not disputed by the counsel for the State as well. Learned State counsel on instructions from SI Dev Chand states that the petitioner is no longer required for further interrogation. In view of the above, the petition is allowed and interim order dated 19.01.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE 11.04.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.04.11 16:22 I attest to the accuracy and integrity of this document