Krishan v. State Of Haryana

CRM-M-35019-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-35019 of 2017 (O&M) Date of Decision: November 02, 2017 Krishan ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Harsimranjit Kaur, Advocate for Mr. K.S.Sidhu, Advocate for the petitioner (s).

Mr. Ashish Yadav, Addl. AG, Haryana.

Mr. G.S.Sidhu, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 294 dated 12.08.2017 registered for the offences punishable under Sections 148, 186, 332, 341, 353, 365, 506 read with Section 149 of Indian Penal Code and Section 3 of the Prevention of Damage to the Public Property Act, 1984 at Police Station Madhuban, Karnal. Heard.

Reply on affidavit filed by learned State Counsel today in the Court, is taken on record.

Learned State counsel submits that the police has also Jyoti 2017.11.03 09:36 I attest to the accuracy and authenticity of this document

CRM-M-35019-2017 -2registered FIR on the complaint of petitioner and Special Investigation Team has been constituted to investigate the present FIR as well as FIR recorded on the statement of petitioner. He further submits that petitioner has joined the investigation which is still in progress and his custodial interrogation is no more required for the purpose of further investigation. In view of submission of learned State counsel but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 20.09.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court, which the trial Court will decide on the basis of evidence collected during investigation.

( SURINDER GUPTA ) November 02, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.03 09:36 I attest to the accuracy and authenticity of this document