High Court of Punjab and HaryanaCRM-M/26887/2017allowed

Naresh Kumar v. State Of Haryana

2017-12-04Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-26887-2017 (O&M) Date of decision: 04.12.2017 Naresh Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Mayank Aggarwal, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. C.P. Tiwana, Advocate, for the complainant.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed for grant of anticipatory bail to the petitioner in case FIR No.53 dated 17.05.2017 under Sections 323, 377, 406, 498-A, 506 IPC and Sections 3(1)(W), 3(1)(ZC), 3(2)(V), 3 (2)(VA) SC/ST Act, registered at Police Station Sadar Dhand. This Court was pleased to pass the following order on 27.07.2017 :- "Learned counsel for the petitioner contends that the provisions as mentioned in the FIR would not be applicable qua the petitioner in the instant case while submitting that the co-accused had already been given protection. The petitioner is ready to join investigation. Mr. Chander Pal Tiwana, Advocate, has appeared and filed vakalatnama on behalf of the complainant and opposed the bail application.

Notice of motion for 04.12.2017.

Meanwhile, in the event of arrest, the petitioner be Satyawan 2017.12.05 12:39 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-26887-2017 -2released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner submits that the petitioner has joined the investigation and he is not required for investigation any further.

Learned counsel for the respondent-State confirms the aforesaid fact.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 27.07.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 04.12.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.12.05 12:39 I attest to the accuracy and authenticity of this document High Court Chandigarh