Prem Kumar v. State Of Haryana
CRM-M-42882-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-42882-2018 Date of Decision: 23.10.2018 Prem Kumar ... Petitioner
Versus
State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present:
Mr. Satbir Gill, Advocate, for the petitioner.
INDERJIT SINGH, J. (Oral)
438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.170 dated 28.07.2017, registered at Police Station Ellenabad, District Sirsa, under Sections 365, 323, 120-B and 34 of IPC (Section 367 of IPC has been deleted).
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. From the record, I find that the present petitioner is not named in the FIR. He has been nominated only on the basis of disclosure statement of co-accused, Om Parkash.
PARVEEN KUMAR 2018.10.23 17:05 I attest to the accuracy and authenticity of this document Chandigarh
CRM-M-42882-2018 In pursuance of the interim order dated 01.10.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 01.10.2018, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
23.10.2018
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$ ' PARVEEN KUMAR 2018.10.23 17:05 I attest to the accuracy and authenticity of this document Chandigarh