Mohinder v. State Of Haryana

Crl. Misc. No. M-2359 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 207 Case No. : Crl. Misc. No. M-2359 of 2017 Date of Decision : March 06, 2017 Mohinder ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. Sanjiv Sheoran, Advocate for the petitioner.

Mr. Ashish Yadav, Addl. A. G., Haryana.

* * * DEEPAK SIBAL , J.

:

Through this petition filed under Section 438 Cr.P.C., the petitioner seeks grant of anticipatory bail in FIR No.228 dated 26.12.2016, registered under Sections 25 and 30 of the Arms Act, at Police Station Alewa, District Jind.

While issuing notice of motion on 25.01.2017, this Court had granted ad-interim anticipatory bail to the petitioner, subject to his joining investigation and conditions envisaged under Section 438(2) Cr.P.C. Seeking anticipatory bail, learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case, in which the allegations are that he has given his licensed gun to another person, who Monika 2017.03.06 17:28 I attest to the accuracy and authenticity of this document has been arrested for having illegal possession of the same; since the gun

Crl. Misc. No. M-2359 of 2017 has been recovered, no further recovery is to be made from the petitioner and under interim order of this Court, the petitioner not only has joined the investigation but has also fully co-operated with the investigating agency. Learned State counsel, on instructions from HC Kamal Singh, submits that the petitioner has joined investigation and at this stage, is no longer required for further questioning by the investigating agency. In view of the above, the petition is allowed and order dated 25.01.2017 granting ad-interim anticipatory bail to the petitioner is made absolute subject to the conditions prescribed under Section 438(2) Cr.P.C. Nothing observed herein above shall be considered as an expression of opinion by this Court on the merits of the case.

If the petitioner is found indulging in any other criminal act or misusing the concession of bail granted by this Court, it would be open to the State to seek cancellation of bail granted through this order by filing an appropriate application before the competent Court/this Court. ( DEEPAK SIBAL ) JUDGE March 06, 2017 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

Monika 2017.03.06 17:28 I attest to the accuracy and authenticity of this document