Mammu v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 10.08.2021 Mammu -Petitioner

Versus

State of Haryana -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Arjun Atri, Advocate, for the petitioner.

Mr. Rajat Gautam, D.A.G., Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video-conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.807 dated 30.11.2018 under Sections 3/13(1), 8/13(3), 17 of The Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 and under Section 120-B IPC registered at Police Station Nuh, District Nuh, Haryana.

On 23.02.2021, following order was passed:- "Learned counsel for the petitioner prays for grant of anticipatory bail to the petitioner while inter-alia arguing that the petitioner has been

-2falsely implicated in the present case and the FIR came to be registered on a secret information to the effect that the petitioner and one other person were indulging in cow slaughtering. It is argued that the petitioner was not apprehended on the spot and the co-accused Nijam has already been allowed interim bail by this Court in CRM-M-9545-2020. It is further argued that the alleged vehicle mentioned in the FIR does not belong to the petitioner and he is ready and willing to join the investigation.

Notice of motion.

Mr. P. P. Chahar, DAG, Haryana accepts notice on behalf of the respondent State and seeks time to file reply.

Adjourned to 10.08.2021.

Meanwhile, petitioner is directed to join the investigation within a period of one week and on doing so, the petitioner be released on interim bail to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions incorporated under Section 438(2) Cr.P.C.

February 23, 2021 (JAISHREE THAKUR) seema JUDGE"

Learned counsel for the petitioner submits that coaccused namely Nizam was allegedly identified by the secret informer.

Learned State counsel on instructions from ASI

-3Sukhbir Singh submits that the petitioner has joined the investigation and is no longer required in further investigation of the case.

In view of above, order dated 23.02.2021 is hereby made absolute.

However, the petitioner shall keep on joining the investigation as and when required to do so by the Investigating Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

August 10, 2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No