Bindu Singh@Binder v. State Of Haryana

CRM-M-22866-2022 -12023:PHHC:043651

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 203/2 CRM-M-22866-2022 Date of Decision: 23.03.2023 Bindu Singh @ Binder .... Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Yadvinder Singh, Advocate for the petitioner. Mr. Amrik Narwal, DAG, Haryana.

***** HARSH BUNGER, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.30 dated 18.02.2022 (Annexure P-1), under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Section 61(A)-4-20 of the Excise Act, registered at Police Station City Tauru, District Nuh.

On 25.05.2022, the following order was passed by a Co-ordinate Bench of this Court:- "The learned counsel for the petitioner has submitted that the only allegation which was levelled against the petitioner was that he had helped in making the forged documents/bills and he was only following the truck in other vehicle i.e. Scorpio. She further submitted that the other co-accused, Sudhir has been granted interim bail by this Court vide CRM-M-15628-2022 in which notice of motion has been issued for 18.10.2022. Notice of motion.

Mr. Ranvir Singh Arya, Addl. Advocate General, Haryana accepts notice on behalf of the State of Haryana and prays for some time to seek instructions.

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 DINESH BANSAL 2023.03.27 13:16 I attest to the accuracy of this order Chandigarh

CRM-M-22866-2022 -22023:PHHC:043651 provided under Section 438(2) Cr.P.C.

To be heard along with CRM-M-15628-2022 on 18.10.2022."

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation. Learned State counsel, on instructions from ASI Rajesh Kumar, has not disputed the aforesaid fact of joining of investigation by the petitioner and submits that his custodial interrogation is not required at this stage. Heard learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required at this stage, the present petition is allowed and the ad-interim order dated 25.05.2022 passed by a Co-ordinate Bench of this Court is made absolute.

However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that if the petitioner fail to comply with any of the bail conditions laid down under Section 438(2) Cr.P.C, the State would be at liberty to move an application for cancellation of this anticipatory bail granted to the petitioner.

Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for anticipatory bail at this stage.

The petition is accordingly disposed of.

23.03.2023 (HARSH BUNGER) D.Bansal JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DINESH BANSAL 2023.03.27 13:16 I attest to the accuracy of this order Chandigarh