Sahil v. State Of Haryana

CRM-M-18818-2024

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CRM-M-18818-2024 Date of decision : May 08, 2024 Sahil ....Petitioner

VERSUS

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Munfaid Khan, Advocate, for the petitioner Mr. Bhupender Singh, DAG, Haryana KULDEEP TIWARI,J. (ORAL) 1.

On 18.4.2024, this Court passed the following order:- "Through the instant petition filed under Section 438 Cr.P.C., prayer is made for grant of anticipatory bail to the petitioner in case FIR No.234 dated 28.5.2023, under Sections 3/13 (1), 8/13(3), 17 of the Haryana Govash Sanrkshan & Gosamvardhan Act, 2105, registered at Police Station Sadar Tauru, District Nuh. In the asking for the relief of anticipatory bail, the learned counsel for the petitioner submits that the only allegation against the petitioner is that his motor cycle was found at the spot and despite that there is no other evidence, which could connect the present petitioner with the crime. He further submits that there is a explanation with regard to the presence of his motor DALBIR SINGH TIWANA 2024.05.09 21:32 I attest to the accuracy and integrity of this document

CRM-M-18818-2024 cycle at the spot, which could belie the prosecution case and he is ready and willing to join the investigation. Notice of motion for 8.5.2024.

On the asking of the Court, Mr. Bhupender Singh, DAG, Haryana - accepts notice on behalf of the respondentState. In the meanwhile, in the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under Section 438(2) of the Cr.P.C." 2.

Today, the learned State counsel on instructions imparted to him by SI Lal Singh, submits that the petitioner has already joined the investigation and he is fully co-operating with the investigation process and he is not required for any further custodial investigation. 3.

In view of the specific stand taken by the learned State counsel, the present petition is allowed and order dated 18.4.2024 is, hereby, made absolute subject to the condition that the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. ( KULDEEP TIWARI ) May 08, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No DALBIR SINGH TIWANA 2024.05.09 21:32 I attest to the accuracy and integrity of this document