Noor Hassan v. State Of Haryana

CRM-M-4888-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4888-2019 (O & M) Date of Decision:03.04.2019 Noor Hassan

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

None for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

*** MANOJ BAJAJ, J.(ORAL) By filing the present petition under Section 438 of the Code of Criminal Procedure, the petitioner has sought anticipatory bail in FIR No.160 dated 04.09.2018, under Sections 120-B, 379 and 411 of the Indian Penal Code ('IPC' - for short), Sections 32 and 33 of Indian Forest Act and Sections 27 and 29 of The Wild Life (Protection) Act registered at Police Station Khizarabad, District Yamuna Nagar.

On 01.02.2019, this Court had passed the following order:- "Learned counsel for the petitioner contends that recovery was effected from a vehicle bearing No.HR-07K-6608 which was carrying the illegal wood allegedly cut from the restricted forest area. At that time all the five occupants of the vehicle escaped. However, they were identified as Munshi son of Sukardeen, Slamu son of Iimudeen, Rakib son of Saleem, Irshad son of Abbal Hassan and Nazim son of Laldeen residents of Faizpur, Police Station Khizrabad.

Learned counsel for the petitioner contends that Sheetal Gawri 2019.04.06 11:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-4888-2019 (O & M) -2the petitioner is being indicted on the disclosure made by accused Irshad and Slamu and that statement may not be admissible in evidence.

Notice of motion for 03.04.2019.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Learned State counsel on instructions from ASI Jasbir Singh submits that the petitioner has joined the investigation and he is not required for custodial interrogation.

In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 01.02.2019, is made absolute.

The petition stands allowed.

03.04.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.04.06 11:34 I attest to the accuracy and integrity of this document Chandigarh