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High Court of Punjab and HaryanaCRM-M/13373/2017allowed

Anil v. State Of Haryana

2017-09-11Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-13373-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-13373 of 2017 (O&M) Date of Decision: September 11, 2017 Anil ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

(2) Crl. Misc. No.M-14632 of 2017 (O&M) Azad ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S. Thakur, Advocate for petitioner in CRM-M-13373-2017 and for Mr. Bijender Dhankhar, Advocate for the petitioner in CRM-M-14632-2017.

Mr. Deepak Grewal, D.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) Both the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.458 dated 11.11.2016 registered for the offences punishable under Sections 420, 467, 468, 471, 120-B of Indian Penal Code, at Police Station Rai District Sonepat.

Sachin Mehta 2017.09.12 12:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-13373-2017 -2Heard.

Learned State counsel submits that in this case, Raja Mohammad had impersonated as Surat Singh while selling his plot, while fake ID in the name of Raja Mohammad i.e. Aadhaar Card and Voter Card were prepared by petitioners Anil and Azad and this fact has been stated by Raja Mohammad in his disclosure statement to the police. The petitioners have, however, joined the investigation.

The only evidence against petitioners is disclosure statement of co-accused Raja Mohammad, legality and validity of which shall be a point to be determined by the trial Court during the course of trial. In view of the above facts but without expressing any opinion on the merits of the case, both the aforementioned petitions are allowed and order dated 28.04.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court.

(iv) that the petitioners will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) September 11, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.09.12 12:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH