High Court of Punjab and HaryanaCRM-M/37439/2017allowed

Mubarik S/O Yunus v. State Of Haryana

2017-11-27Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-37439-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-37439 of 2017 (O&M) Date of Decision: November 27, 2017 Mubarik ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sanjeev Kumar Bawa, Advocate for the petitioner (s).

Mr. Ashish Yadav, Addl. AG, Haryana.

******* 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. 164 dated 27.03.2017 registered for the offences punishable under Sections 186, 307, 332, 353 read with Section 120-B of Indian Penal Code and 3(2) of Prevention of Damage to Public Property Act, 1984 at Police Station Nuh, District Mewat.

Heard.

Learned State counsel on instructions from ASI Ramesh Chand submits that petitioner has joined the investigation which is still in progress but his custodial interrogation is not required for the purpose of further investigation.

In view of submission of learned State counsel but without Jyoti 2017.11.28 13:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-37439-2017 -2expressing any opinion on the merits of the case, this petition is allowed and the order dated 06.10.2017 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 27, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.28 13:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH