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High Court of Punjab and HaryanaCRM-M/6543/2023allowed

Kuldeep Kumar v. State Of Haryana

2023-11-15Mrs. Justice Manjari Nehru Kaul2 pages

2023:PHHC:145019 CRM-M-6543-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-6543-2023 (O&M) Date of decision: November 15, 2023 Kuldeep Kumar ....Petitioner versus State of Haryana ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present:- None for the petitioner.

Mr. Rahul Mohan, Senior DAG Haryana.

Mr. Nitish Sharma, Advocate for the complainant. ***** MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C., in case FIR No.470 dated 12.09.2022, under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860, registered at Police Station Palam Vihar, Gurugram.

2.

On 08.02.2023, a co-ordinate Bench of this Court had noticed the following submissions made by the learned counsel for the petitioner:- "Learned counsel for the petitioner submits that the petitioner is only an attesting witness of the agreement to sell executed between the complainant and Jagat Singh. Thus, he cannot be said to be involved in the commission of the crime."

3.

Thereafter, on 01.06.2023, while issuing notice of motion, a Coordinate Bench of this Court, had granted the concession of interim bail to the petitioner and asked him to join investigation. 4.

Learned State counsel, on instructions from police official, has apprised the Court that petitioner, in compliance of order dated 01.06.2023 has joined investigation and is not required for further investigation much less for his custodial interrogation.

MAHAVIR SINGH 2023.11.16 14:49 I attest to the accuracy and authenticity of this order/ judgment

2023:PHHC:145019 CRM-M-6543-2023 (O&M) 5.

In view of the above, the petition is allowed and interim order dated 01.06.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE November 15, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.11.16 14:49 I attest to the accuracy and authenticity of this order/ judgment