Pankaj Alias Gattu v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 02.05.2025 PANKAJ @ GATTU ....PETITIONER V/S STATE OF HARYANA ...RESPONDENT CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr.Piyush Mittal, Advocate for Mr. Arpandeep Narula, Advocate for the petitioner.

Mr. Vipul Sherwal, AAG, Haryana.

**** SANJIV BERRY, J.(ORAL) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, the petitioner seeks anticipatory bail in FIR as under: - FIR No.

Dated Section Police Station 16.11.2019 147, 149, 323, 341, 427, 506 (307 Civil Lines, Sirsa & 302 added later on) of IPC, 1860 2.

A communication dated 18.04.2025 received from the District & Sessions Judge, Sirsa indicates that the petitioner has put in appearance before the learned trial Court in compliance to the order dated 07.04.2025 by appearing on 17.04.2025 and furnished the requisite bail/surety bonds in the Court.

3.

During the course of hearing on 07.04.2025, following order had been passed: - "Status report in the form of an affidavit of Deputy Superintendent of Police (City), Sirsa, District Sirsa, has been filed. The same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. 2.

Heard.

3.

After considering the rival contentions and perusing the record, it transpires that the petitioner has been summoned to face the trial for offence under Section 319 Cr.P.C. and no specific overt act is attributed to him. The petitioner is having no criminal antecedents.

4.

In these circumstances, the petitioner is hereby directed to appear before the learned Trial Court/Judge on duty on or before 25.04.2025 i.e. the date already fixed before the learned trial Court and in the event of his arrest, he is ordered to be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the concerned trial Court/Judge on duty.

5.

The trial Court is directed to communicate the order on the appearance of the petitioner, to this Court immediately, through appropriate channel well before the next date of hearing.

6.

List on 02.05.2025."

4.

Learned State counsel on the basis of order dated 17.04.2025 passed by learned trial Court has not disputed the fact that the petitioner has put in appearance before the learned trial Court and has been granted concession of interim bail.

5.

Considering the rival contentions and perusal of record, it transpires that the petitioner after having been summoned in the case FIR (Annexure P-1) on an application under Section 319 Cr.P.C. has already put in appearance before the learned trial Court on 17.04.2025 in compliance of the order dated 07.04.2025 and has been admitted to interim bail. So considering all these circumstances and without commenting on the merits of the case, at this stage, interim bail granted vide order dated 07.04.2025 is hereby confirmed, subject to conditions as envisaged under Section 482(2) of BNSS. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

6.

The petition stands allowed.

7.

It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case. 02.05.2025 (SANJIV BERRY) anju JUDGE i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No