Mohinder Thakur v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 03.08.2015 Mohinder Thakur .....Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Manoj Kumar, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

R.P. Nagrath, J. (Oral) Prayer in the instant petition is for grant of anticipatory bail under Section 438 Cr.P.C. in FIR No. 35 dated 19.11.2014 for offences under Sections 306 and 34 of Indian Penal Code (IPC) and Section 3 and 4 of Dowry Prohibition Act, 1961, registered at Police Station Chandigarh, District GRP, Ambala Cantt.

Learned State counsel has filed the affidavit of Deputy Superintendent of Police, Railways (H), Ambala Cantt. and the same be taken on record.

When the matter was listed on 15.05.2015, the following order was passed:- "Mr. Suresh Kaushik, Deputy Superintendent of Police is present in deference to the order dated 07.03.2015.

Learned State counsel has filed affidavit of Superintendent of Police, Railways (H), Ambala Cantt. As per reply, 13 persons were named in the

-2suicide note and challan against four of them has been filed so far, out of whom one is the boy with whom daughter of the deceased was engaged and other two are his family members. With regard to rest of the persons named in the suicide note, similar allegations were made regarding the harassment on account of huge outstanding amount. Out of those 13 persons, three were found innocent, namely; Yuvraj, Ashok Gupta and Narinder Thakur. It is further submitted that allegations against the petitioner are yet to be verified. Learned counsel for the petitioner submits that the petitioner did not owe any amount to the deceased but the deceased was running a chit fund company. List on 03.08.2015.

In the meanwhile, petitioner is directed to appear before the Arresting/Investigating Officer on 25.05.2015 between 11.00 a.m. to 02.00 p.m. The petitioner is also directed to keep on joining the investigation as and when required and cooperate with the same. The petitioner shall also abide by the restrictions contained in Section 438 (2) Cr.P.C.

Learned State counsel is also directed to file further status report on the next date.

It is made clear that concession granted by this order shall not cause any hindrance in case the petitioner is wanted in any other criminal case/FIR."

-3Learned State counsel on instructions from SI Harnek Singh submits that the petitioner has joined the investigation on 04.06.2015 and is stated to be no more required for further investigation.

In view of the above and without commenting on merits of the case, the interim order dated 15.05.2015 is made absolute. The petitioner shall also abide by the restrictions contained in Section 438 (2) Cr.P.C.

Allowed in the above terms.

August 03, 2015 ( R.P. NAGRATH ) jk JUDGE