Lalit v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 17.8.2021 Lalit .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Vandana Sharma, Advocate, for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by SI Surender.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.529, dated 15.11.2020, Police Station Sonipat Sadar, District Sonipat, under Sections 148, 149, 307, IPC and Section 25 of Arms Act.

2.

At the time of issuance of notice of motion on 5.2.2021 the following order was passed:

"Learned counsel for the petitioner submits that the complainant has specifically named 5 persons in the FIR and the petitioner is not amongst the said 5 persons, but he is now sought to be involved on the

- 2 - premises that he is the owner of the car used in the commission of offence and on the ground that he has been nominated as an accused on the basis of disclosure statement/s made by co-accused. It has further been submitted that in fact in the FIR there is no such allegation to the effect that the 5 named persons therein were accompanied by any unknown person.

Notice of motion for 27.04.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C." 3.

Learned State counsel, upon instructions from SI Surender has informed that the petitioner has joined investigation and is not required for any custodial interrogation as challan already stands presented.

4.

Having regard to the aforestated facts and circumstances particularly the fact that the petitioner has already joined investigation and challan stands presented, his custodial interrogation is certainly not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 5.2.2021 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with

- 3 - the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

17.8.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No