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High Court of Punjab and HaryanaCRM-M/20511/2022allowed

Surender v. State Of Haryana

2022-11-16Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 16.11.2022 Surender .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Mohit Rathee, Advocate for Mr. Aman Pal, Advocate, for the petitioner.

Mr. Rahul Mohan, DAG, Haryana.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.65, dated 23.2.2022, Police Station City Kaithal, District Kaithal, under Sections 406, 420, 467, 468, 471, 120-B IPC. 2.

At the time of issuance of notice of motion the following order was passed on 13.5.2022:

"It has been submitted by the learned counsel for the petitioner that the allegations against the petitioner are that he had given a false and fabricated revenue documents for the purpose of securing loan whereas in fact the entire

- 2 - fabrication was done by the Manager of the Bank who is otherwise also facing 13 FIRs and in the present case the petitioner did not even have the knowledge with regard to the fabrication of the documents. He submitted that it is a case where the petitioner is bed ridden because of his adverse medical condition and he is suffering from Acute -Subacute Intraparenchymal Hemorrhage which is a brain emorrhage and he cannot even move.

Notice of motion.

Mr. Naveen Singh Panwar, DAG, Haryana accepts notice on behalf of the State of Haryana and prays for some time to seek instructions.

Adjourned to 16.11.2022.

Meanwhile, the petitioner is directed to join the investigation and on his doing so, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to 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."

3.

Learned State counsel has informed pursuant to the interim directions the petitioner has joined investigation and is not wanted for any custodial interrogation. It has also submitted that the petitioner is not wanted in any other case.

4.

Having regard to the aforestated facts and circumstances of the case particularly the fact that the case is based on documentary evidence and also that the petitioner has joined investigation, the petition is accepted and the interim directions issued by this Court vide order

- 3 - dated 13.5.2022 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 16.11.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No