Lalit Kumar v. State Of Haryana
CRM-M-7987 of 2024 2024:PHHC:030623
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-7987 of 2024 DATE OF DECISION :- 04.03.2024 Lalit Kumar
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Amit Sharma, Advocate for Mr. Bakul Garg, Advocate for the petitioner.
Ms. Mahima Yashpal, DAG, Haryana.
*** SUMEET GOEL , J.
(Oral) 1.
On 15.02.2024, the following order was passed:- "Apprehending his arrest in FIR No.828 dated 28.12.2023 registered for offences punishable under Sections 323, 376 and 506 IPC at Police Station Gharaunda, District Karnal; the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail. Inter alia contends that the petitioner and victim have been in a consensual relationship for many years and the FIR in question has been got registered on account of fall out of such relationship; a compromise dated 18.11.2023 (copy whereof has been appended as Annexure P-2) was also entered into between the petitioner, victim and wife of the petitioner; petitioner has clean antecedents & he is willing to join investigation and cooperate therein.
Notice of motion.
On asking of the Court, Ms. Mahima Yashpal, DAG, Haryana, appears and accepts notice on behalf of the respondent-State. Adjourned to 04.03.2024.
The petitioner is directed to appear before the Investigating Officer on 19.02.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the PARVINDER SINGH 2024.03.04 17:00 I attest to the accuracy and integrity of this document chandigarh
CRM-M-7987 of 2024 2024:PHHC:030623 satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. He shall abide by the condition(s) enumerated under Section 438(2) of the Cr.P.C."
2.
Learned State counsel, on instructions from ASI Bahadur has stated that pursuant to the order dated 15.02.2024 , the petitioner has joined investigation and is no longer required for custodial interrogation. 3.
In view of above, the present petition stands allowed and the interim order dated 15.02.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 4.
This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
5.
Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.
6.
Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 04.03.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.03.04 17:00 I attest to the accuracy and integrity of this document chandigarh