Lokesh Alias Jatram v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-29.11.2022 Lokesh @ Jatram ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. H.S. Gill, Advocate for Mr. Devender Arya, Advocate for the petitioner. Mr. Abhinash Jain, DAG, Haryana, assisted by ASI Naresh Kumar.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.11, dated 23.1.2022, Police Station Satnali, District Mahendergarh, under Section 188 of Indian Penal Code and Sections 4 and 5 of Explosive Substances Act.

2.

At the time of issuance of notice of motion, the following order was passed on 1.6.2022:

"By filing this petition under Section 438 Cr.P.C., the petitioner has sought pre-arrest bail in case FIR No.11 dated 23.01.2022 under Section 188 IPC and Sections 4 and 5 of the Explosive Substances Act, 1908, Police Station Satnali, District Mahendergarh. The allegations are that on 23.01.2022, on receipt of a secret information, the house of the petitioner was raided. The petitioner, who was present there, managed to run away. During search a

( 2 ) white plastic bag was found in his house, from which six bundles of explosive wire were recovered. It was alleged that the petitioner was having the explosive wire without any licence or permit. A piece of one feet from every bundle was sent to the Forensic Science Laboratory for examination.

Mr. Arya, Ld. Counsel for the petitioner has argued that as of now, even the nature of explosive substance has not been determined. The alleged wire was recovered from the abandoned house of the petitioner, which is in dilapidated condition and open for all, having no doors or windows. The petitioner is ready and willing to join the investigation and cooperate with the Investigating Agency. Notice of motion for 07.09.2022.

Meanwhile, in the event of arrest, the petitioner Lokesh @ Jatram shall be released on interim anticipatory bail to the satisfaction of the Arresting/Investigating Officer, subject to the conditions provided under Sections 438(2) Cr.P.C. The petitioner is also directed to join the investigation and cooperate with the Investigating Agency, as and when required."

3.

Learned State counsel, upon instructions from ASI Naresh Kumar, has informed that pursuant to interim directions issued by this Court on 1.6.2022, the petitioner has since joined investigation and is not required for any custodial interrogation. It has, however, been informed that on the day of occurrence one more case was registered against the petitioner i.e. FIR No.84, dated 16.5.2022, under Sections 147, 148, 186, 224, 225, 353 and 506 of Indian Penal Code.

4.

Having regard to the fact that the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 1.6.2022 are hereby made absolute, subject to the condition that the petitioner

( 3 ) shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

29.11.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No