Harbans Singh v. State Of Haryana

CRM-M-14517-2023 (O&M) N.C. No.2023:PHHC:065774 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14517-2023 (O&M) Date of decision: 08.05.2023 Harbans Singh ....Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. D.S. Virk, Advocate for the petitioner Mr. Praveen Bhadu, AAG Haryana ***** AMAN CHAUDHARY . J.

1.

On 22.03.2023 this Court had passed the following order:- "The present petition has been filed under Section 438 Cr. P.C. forgrant of pre-arrest bail to the petitioner in case FIR No. 73 dated 05.02.2023, registered under Sections 15(b), 27A, 61 and 85 of the NDPS Act, 1985 at Police Station City Dabwali, District Sirsa.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced based on the disclosure statement made by the co-accused Mohan Singh from whom noncommercial quantity of contraband has been recovered. He is not involved in any other case and has been falsely implicated in the present case. Learned counsel submits that the petitioner is ready and willing to join the 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 respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 29.03.2023. 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.

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 08.05.2023."

SANDAL SHARMA 2023.05.09 11:40 I attest to the accuracy and authenticity of this order/judgment

CRM-M-14517-2023 (O&M) N.C. No.2023:PHHC:065774 - 22.

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

3.

Learned State counsel on instructions from ASI Suresh Kumar affirms the factum of joining the investigation by the petitioner and cooperating with the investigation agency as also that he is not involved in any other case. 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 10.10.2022 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 investigation 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) JUDGE 08.05.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.05.09 11:40 I attest to the accuracy and authenticity of this order/judgment