Sunil v. State Of Haryana

CRM-M-19054-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19054-2019 (O & M) Date of Decision:24.05.2019 Sunil

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Jitender Saharan, Advocate for the petitioner. Mr. Sukhdeep Parmar, DAG, Haryana.

*** MANOJ BAJAJ, J.(ORAL) This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.113 dated 13.03.2019 under Sections 148/149/323/324/325/326/506 IPC, registered at Police Station Shahabad, District Kurukshetra (Sections 325 and 326 IPC added later on). The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 29.04.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner contends that initially the FIR was registered for the offences punishable under Sections 148, 324 and 506 read with Section 149 of Indian Penal Code. Subsequently offences punishable under Sections 325 and 326 IPC were added. According to him, the petitioner was already extended Sheetal Gawri 2019.05.27 15:08 I attest to the accuracy and integrity of this document Chandigarh the concession of regular bail and the petitioner is not

CRM-M-19054-2019 (O & M) -2attributed injury inviting the offences under Sections 325 and 326 IPC.

Notice of motion for 24.05.2019.

Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from SI Gulab Singh does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 29.04.2019 is made absolute. However, it is made clear that this order shall remain operative till the filing of the final report under Section 173 (2) Cr.P.C. The petition stands allowed.

24.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.27 15:08 I attest to the accuracy and integrity of this document Chandigarh