Sanjay Alias Sanju v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-16176 of 2023 Date of decision :-26.07.2023 Sanjay @ Sanju .....Petitioner

Versus

State of Haryana .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. A.S. Nirmaan, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

Mr. S.K. Dhanda, Advocate For the complainant.

NIDHI GUPTA J. (Oral) The petitioner is seeking anticipatory bail in FIR No.182 dated 10.3.2023, under Sections 376, 452, 328 and 506 IPC and Section 25 of the Arms Act, registered at Police Station Camp District Palwal, Haryana.

On 29.3.2023, this Court had passed the following order :- "The petitioner Sanjay @ Sanju has filed this petition under Section 438 Cr. P.C. for grant of anticipatory bail in FIR No.182 dated 10.03.2023 under Sections 376/452/328/506 IPC and Section 25 of the Arms Act, registered at Police Station Camp District Palwal, Haryana. Learned counsel for the petitioner pointed out that the complainant has filed this false FIR

under the pressure of his family members. In fact they had performed marriage.

There are photographs (Annexure P-3) of the petitioner with the said victim as well as the photographs of marriage. Call detail of Sanjay Kumar are also placed on record as Annexure P-2. He submits that the petitioner is ready to join the investigation.

Notice of motion.

Ms.

Deepshikha Chauhan Asst.

A.G.

Haryana appears on behalf of the State and seeks time to file reply. May do so well before the date fixed.

Considering the aforesaid factual position the arrest of the petitioner is stayed subject to the petitioner joining of investigation till the next date of hearing.

Adjourned to 15.05.2023."

Learned State counsel has filed the Status Report dated 25.7.2023 by way of affidavit of Jasleen Kaur, IPS, Additional Superintendent of Police, District Palwal on behalf of respondentState, the same is taken on record. Copy thereof supplied to the counsel opposite. Learned State counsel on instructions from the Investigating Officer and by referring to para 7 of the Status Report, states that in terms of the order passed by this Court, reproduced above, the petitioner has joined the investigation and no further interrogation is required at this stage.

In view of the above, the order dated 29.3.2023 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the

investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so. In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

July 26, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No