Ram Phool Singh v. State Of Haryana

CRM-M-14075-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14075-2019 (O & M) Date of Decision:19.07.2019 Ram Phool Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. R.B. Garg, 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.34 dated 28.02.2019 under Section 3 (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Bass, Police District Hansi. 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 28.03.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner submits that a bare perusal of the FIR does not reveal any offence under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The said provision has been invoked only out of malice. Sheetal Gawri 2019.07.20 13:33 I attest to the accuracy and integrity of this document Chandigarh Since, the offence itself is not attracted in the facts and

CRM-M-14075-2019 (O & M) -2circumstances of this case, the bar under Section 18 A(2) of the aforementioned Act also shall not apply. Notice of motion for 19.7.2019.

In the meantime, the petitioner is directed to join investigation with the Investigating Officer on 3.4.2019 at 10:00 A.M. and cooperate therewith. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Investigating Officer/SHO concerned subject to his compliance of the conditions enshrined under Section 438(2) Cr.P.C."

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 on instructions from ASI Surjeet 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 28.03.2019 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.

19.07.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.07.20 13:33 I attest to the accuracy and integrity of this document Chandigarh