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High Court of Punjab and HaryanaCRM-M/11553/2023disposed of

Arjuddin v. State Of Haryana

2023-05-09Mr. Justice Harsh Bunger3 pages

202-2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 09.05.2023 Arjuddin ....Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Punit Malik, Advocate for the petitioner.

Mr. Ram Kumar Singla, DAG, Haryana.

HARSH BUNGER, J. (Oral) Prayer in the present petition, filed under Section 438 of the Code of Criminal Procedure, is for grant of anticipatory bail to the petitioner in case FIR No.347 dated 28.07.2022, registered under Sections 429, 120-B of Indian Penal Code, Section 13(1), 13(II) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, 11 of the Prevention of Cruelty to Animals Act, 1960 and 25(1B)(A) of the Arms Act, registered at Police Station Bilaspur, Gurugram.

2.

On 16.03.2023 the following order was passed by this Court :- "Prayer in the present petition, filed under Section 438 of the Code of Criminal Procedure, is for grant of anticipatory bail to the petitioner in case FIR No.347 dated 28.07.2022, registered under Sections 429, 120-B of Indian Penal Code, Section 13(1), 13(II) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, 11 of the Prevention of Cruelty to

Animals Act, 1960 and 25(1B)(A) of the Arms Act, registered at Police Station Bilaspur, Gurugram.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner is not named in the present FIR. Learned counsel further submits that no specific role has been attributed to the petitioner in this case. It is further submitted that the coaccused namely Mustaq, Shokeen and Imran have already been granted the concession of regular bail by the trial Court vide orders dated 10.10.2022, 29.09.2022 and 29.09.2022 respectively. It is next submitted that the petitioner is not involved in any other case except the present one. Learned counsel further submits that the bail application moved by the petitioner under Section 438 of the Code of Criminal Procedure Code, for grant of anticipatory bail has wrongly been dismissed by the learned Additional Sessions Judge, Gurugram, vide its order dated 04.02.2023. It is also submitted that the petitioner is ready and willing to join investigation as and when required by the Investigating Agency or as directed by this Court or trial Court.

Learned counsel appearing on behalf of the State opposes the petitioner's plea for bail on the ground of seriousness of the offence, however, it is not disputed by learned State counsel that the petitioner is not named in the FIR. It is also not disputed that the other co-accused have been granted bail. List on 09.05.2023.

In the meanwhile, in the event of arrest of the petitioner, he shall be released on ad interim bail to the satisfaction of the Investigating/ Arresting Officer. However, he shall join the investigation as and when directed by the Investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C."

3.

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. 4.

Learned State counsel on instructions from ASI Chandagi Ram has not disputed the aforesaid fact of joining of investigation by the petitioner and submits that his custodial interrogation is not required at this stage.

5.

Heard learned counsel for the parties.

6.

Since the petitioner has joined the investigation and his custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 16.03.2023 passed by this Court is made absolute.

7.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

8.

It is made clear that if the petitioner fails to comply with any of the bail conditions laid down under Section 438(2) Cr.P.C, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

9.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

10.

The petition is accordingly disposed of.

09.05.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No