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High Court of Punjab and HaryanaCRM-M/17517/2022allowed

Jaswant Singh v. State Of Haryana And ANR

2022-04-28Mr. Justice Sureshwar Thakur2 pages

CRM-M No. 17517 of 2022 -1In the High Court of Punjab and Haryana at Chandigarh (103) CRM-M No. 17517 of 2022 Date of Decision: 28.4.2022 Jaswant Singh ......Petitioner

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Kulwant Singh Dhanora, Advocate for the petitioner.

Mr. Pardeep Prakash Chahar, DAG, Haryana.

Dr. Naresh Kaushik, Advocate for respondent No. 2 **** SURESHWAR THAKUR , J.

(ORAL) 1.

The instant petition has been filed under Section 438 Cr.P.C., seeking the indulgence of anticipatory bail to the petitioner. 2.

In FIR bearing No. 330 of 23.3.2022, registered at Police Station Barwala, District Hisar, an offence constituted under Section 379 IPC, is embodied.

3.

The incriminatory role, as assigned to the petitioner herein, in the FIR (supra), is that of his allegedly committing the theft of wheel caps of the car, owned by respondent No. 2-victim. 4.

Today, under memo of appearance, Dr. Naresh Kaushik, Advocate, appears on behalf of the victim, who is arrayed as co-respondent No. 2, in the instant petition, and, submits, that a compromise has occurred inte se the petitioner, and, co-respondent No. 2. The afore made submission is neither contested by the learned counsel for the petitioner, nor is GURPREET SINGH 2022.04.28 18:20 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No. 17517 of 2022 -2contested by the learned State counsel.

5.

Therefore, in the light of the afore compromise, occurring inter se the concerned, and, also when it is conjointly stated, at the bar, by the counsels appearing for the contesting litigants concerned, that the allegedly stolen property has been delivered to the respondent-victim, by the petitioner herein. Consequently, this Court does not deem it fit, and, appropriate to order for the custodial interrogation of the petitioner, as it would unnecessarily fetter, and, curtail his personal liberty. 6.

In sequel, the bail applicant-petitioner is admitted to anticipatory bail, and, in the event of his arrest, he may not be arrested by the investigating officer concerned. However, subject to the bail applicantpetitioner furnishing personal, and, surety bonds in a sum of Rs. 50,000/- each, to the satisfaction of the arresting officer. Furthermore, the bail applicant-petitioner shall also give an undertaking before the arresting officer, that as and when he is summoned through a written Hukamnama, he shall ensure his rendering cooperation to the investigating officer. 7.

The afore observations are meant only for the disposal of the present petition, and, shall not affect the merits of the trial arising from the FIR (supra).

8.

The petition is disposed of.

(SURESHWAR THAKUR) JUDGE April 28, 2022 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2022.04.28 18:20 I attest to the accuracy and authenticity of this document Chandigarh