Dashrath v. State Of Haryana

CRM-M-12357-2023 2023:PHHC:116100

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12357-2023 Date of decision: 04.09.2023 Dashrath ..Petitioner

Versus

State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Ashok Kaushik, Advocate for the petitioner. Mr. Baljinder Singh Virk, Sr. DAG, Haryana.

Mr. Tanmay Gupta, Advocate, for the complainant. *** AMAN CHAUDHARY, J 1.

On 14.03.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr. P.C. for grant of pre-arrest bail to the petitioner in case FIR No.1077 dated 15.11.2022, registered under Sections 379 of the IPC at Police Station Camp Palwal, District Palwal.

Learned counsel contends that the meter alleged to have stolen by the petitioner is as a matter of fact installed in the house of one Pankaj regarding which information has been obtained by the petitioner under the RTI Act, Annexure P-2. Learned counsel submits that the petitioner is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Tanuj Sharma, AAG Haryana accepts notice on behalf of respondentState. Meanwhile, the petitioner is directed to join the investigation on or before 21.03.2023. In the event of arrest of the petitioner, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance enshrined under Section 438(2) Cr.P.C. Ankur Goyal 2023.09.05 08:33 I attest to the accuracy and integrity of this order/judgment

CRM-M-12357-2023 2023:PHHC:116100 However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated. Adjourned to 17.04.2023. "

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from HC Subhash affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 14.03.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY ) 04.09.2023 JUDGE Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.09.05 08:33 I attest to the accuracy and integrity of this order/judgment