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High Court of Punjab and HaryanaCRM-M/19650/2017allowed

Hitesh Aggarwal And ANR v. State Of Haryana

2019-02-20Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.19650 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.19650 of 2017 Decided on: 20.02.2019 Hitesh Aggarwal and another ....Petitioners

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Vineet Kumar, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

Mr. Neeraj Sharma, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of anticipatory bail in FIR No.195 dated 17.04.2017, registered under Sections 120-B, 420, 423, 465, 467, 468, 471 of the Indian Penal Code, 1860 at Police Station Ganaur, District Sonepat.

The operative part of the order dated 15.12.2018, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "....Learned State counsel, on instructions from ASI Umesh Tyagi, submits that though the petitioners have joined investigation, however, they are not handing over the certain documents to the Investigating Officer. Learned counsel for the petitioners submits that all the documents are on the file of three civil suits which are pending between the parties.

MOHD YAKUB 2019.02.20 16:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.19650 of 2017 In view of the above, the petitioners are directed to appear before the Investigating Officer on 19.12.2018 at 10:00 AM and rejoin the investigation. On the appearance of the petitioners, the Investigating Officer will hand over a list of the documents required from the petitioners and the petitioners, in reply, will furnish the affidavit giving the details of the documents which are attached with the respective civil suits.

Adjourned to 20.02.2019...."

Counsel for the petitioners has submitted that, in pursuance to the order dated 15.12.2018, the petitioners have appeared before the Investigating Officer and have joined the investigation. Counsel for the State, on instructions from SI Umesh Tyagi, has not disputed the aforesaid fact and submits that the petitioners are no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 15.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.20 16:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh