Sardar Singh Alias Sardar Singh Sehrawat And Another v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21495-2024 Date of decision: 03.07.2024 Sardar Singh @ Sardar Singh Sehrawat & Anr.

..........Petitioners versus State of Haryana .......Respondent

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Abhimanyu Singh, Advocate for the petitioner.

Mr. Gaurav Bansal, DAG, Haryana.

KIRTI SINGH, J. (ORAL) Today, reply dated 29.06.2024, by way of affidavit of Manoj Kumar, HPS, Assistant Commissioner of Police, Pataudi, Gurugram, on behalf of the respondent-State, has been filed by learned State counsel, in Court today, which is taken on record. A copy thereof has been handed over to the counsel for the petitioner.

2.

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.116 dated 10.04.2024, under Sections 148, 149, 186, 224, 332, 353 of IPC, registered at Police Station Bilaspur, District Gurugram (Haryana).

3.

Learned State counsel on instructions from ASI Ramesh submits that in compliance of order dated 01.05.2024, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 01.05.2024 passed by this Court, is hereby made absolute.

KAVITA NAIN 2024.07.05 09:53 I attest to the accuracy and integrity of this document order/judgment

CRM-M-21495-2024 -25.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

6.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises. 8.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 9.

Petition stands disposed off accordingly.

(KIRTI SINGH) JUDGE 03.07.2024 Kavita Nain Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No KAVITA NAIN 2024.07.05 09:53 I attest to the accuracy and integrity of this document order/judgment