Banti v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 17.07.2024 Banti .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Shiv Kumar, Advocate, for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana, assisted by HC Manish Kumar.

***** FIR NO.

DATE POLICE STATION OFFENCES 0254 12.06.2023 Kaithal City, District Kaithal 379-B read with Section 34 IPC GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR wherein the broad allegations levelled against the petitioner are to the effect

- 2 - that he along with co-accused had snatched Rs.32,000/- from the complainant.

2.

Today, Mr. Shiv Kumar, Advocate has filed power of attorney after seeking no objection from previous counsel on behalf of the petitioner. The same is taken on record.

3.

When the matter was taken up for hearing on the last date of hearing, the following order was passed:

"Reply by way of affidavit of Lalit Kumar, HPS, DSP, Kalayat on behalf of respondent has been filed. The same is taken on record.

Learned counsel for the petitioner submits that the complainant has not only given an affidavit that he is not in a position to identify the petitioner but he is present in person also.

After interacting with the complainant, this Court finds that he has completely resiled from the contents of the complaint and submits that no money was snatched from him.

Adjourned to 17.07.2024.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the arresting officer/Investigating Officer. As and when called, the petitioner shall join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C." 4.

Learned State counsel has informed that the petitioner has joined investigation and is not required for any custodial interrogation.

- 3 - 5.

In view of the aforestated position wherein the petitioner has joined investigation and he is not stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 16.04.2024 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

17.07.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No