← Library
High Court of Punjab and HaryanaCRM-M/11439/2019allowed

Faizul Islam v. State Of Haryana

2019-05-09Mr. Justice Manoj Bajaj2 pages

CRM-M-11439-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 216-2 CRM-M-11439-2019 (O & M) Date of Decision:09.05.2019 Faizul Islam

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. HPS Ishar, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.09 dated 23.01.2019 under Sections 148/149/323/506 IPC, registered at Police Station Kalka, District Panchkula. The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 13.03.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Prayer is for grant of anticipatory bail in case FIR No.09 dated 23.01.2019 under Sections 148,149,323,506 IPC registered at P.S Kalka, District Panchkula.

Notice of motion for 09.05.2019.

Meanwhile, in the event of arrest, the petitioner shall be released on interim anticipatory bail to the Sheetal Gawri 2019.05.13 18:14 I attest to the accuracy and integrity of this document Chandigarh satisfaction of the Arresting/ Investigating Officer,

CRM-M-11439-2019 (O & M) -2subject to the conditions provided under Section 438 (2) Cr.P.C. The petitioner is also directed to join the investigation and cooperate with the Investigating Agency, as and when required.

To come up along with CRM-M-10581 of 2019."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel who is assisted by HC Kaptan Singh does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 13.03.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

09.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.13 18:14 I attest to the accuracy and integrity of this document Chandigarh