High Court of Punjab and HaryanaCRM-M/43090/2016allowed

Sunder v. State Of Haryana

2017-01-27Mr. Justice Mahavir Singh Chauhan2 pages

CRM-M-43090-2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-43090-2016 Date of decision-27.01.2017 Sunder

...Petitioner

Vs.

State of Haryana

...Respondent

CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. Raghav Goel, Advocate, for Mr. S.P.S.Sidhu, Advocate, for the petitioner. Mr. Neeraj Poswal, AAG, Haryana, assisted by SI Suresh Kumar.

*** JITENDRA CHAUHAN, J. (Oral) By filing the present petition under Section 438 of the Code of Criminal Procedure, the petitioner has sought anticipatory bail in FIR No.718 dated 25.11.2015, registered under Sections 148, 323, 341, 379, 427 and 506 read with Section 149 at Police Station Samalkha, District Panipat. On 09.12.2016, this Court had passed the following order:- "Counsel for the respondent states that the IO has not come present.

Counsel for the petitioner has argued that in this case 7 main accused have been arrested; as against the present petitioner allegation against him is only of lalkara, and he would have no objection to the adjournment but in that event, interim relief may be granted to the petitioner.

I find this to be a fair request. Adjourned to 27.1.2017. Meanwhile, in the event of his arrest, the petitioner shall be released on interim anticipatory bail by the Investigating Officer to his satisfaction subject to the compliance of the provisions as contained in Section 438 (2) of the Cr.P.C."

It is contended that in pursuance of the order dated 09.12.2016, the petitioner has joined the investigation. The learned State counsel, Virendra Singh Adhikari 2017.01.31 10:20 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-43090-2016 -2submits that the petitioner has joined the investigation and he is not required for custodial interrogation.

In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 09.12.2016, is made absolute, subject to furnishing bail bonds/surety bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, concerned.

The petition stands allowed.

(JITENDRA CHAUHAN) JUDGE January 27, 2017 adhikari Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No Virendra Singh Adhikari 2017.01.31 10:20 I attest to the accuracy and authenticity of this document High Court Chandigarh