Rajbir Bhagwan Sharma v. State Of Haryana

 

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
  (O&M) Date of Decision: 23.01.2023      ....Petitioner

Versus

  

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Krishan Sharma, Advocate for the petitioner.

      HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C is for grant of concession of anticipatory bail to the petitioner in case FIR No.28 dated 18.01.2021 registered under Sections 406, 460, 467, 468, 471 IPC (subsequently added Section 120-B also) at Police Station Sector 14, Gurugram, District Gurugram (Haryana).

On 09.05.2022, the following order was passed by the Co-ordinate Bench of this Court :-
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 -0- %$*. "''#'( "# !'# %%)#-! !$ !  "'# 2345067,7 Learned counsel for the petitioner submits that his co-accused namely Harish Aggarwal, who has already been granted concession of regular bail by the Co-ordinate Bench of this Court vide order dated 30.03.2022 passed in CRM-M-9776-2022. He further submits that pursuant to the order 09.05.2022, the petitioner has joined the investigation and is no more required for further investigation.

Learned State counsel on instructions from ASI Ashok has not disputed the aforesaid fact of joining the investigation by the petitioner and also the factum of grant of regular bail to Harish Aggarwal. He submits that his custodial interrogation is not required at this stage. Heard learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required at this stage and co-accused Harish Aggarwal has already been granted regular bail; accordingly the present petition is allowed and the ad-interim order dated 09.05.2022 passed by this Court is made absolute.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that if the petitioner fails to comply with any of the directions made above and the bail conditions, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

The petition is accordingly disposed of.

23.01.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AMANDEEP GOSAIN 2023.01.27 20:10 I attest to the accuracy and integrity of this document