Sahun v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CRM-M No.26426 of 2021 Date of Decision: 04.10.2021 SAHUN ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Baljeet Beniwal, Advocate for the petitioner.

Mr. Rajat Gautam, D.A.G., Haryana.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.219 dated 25.05.2021 registered under Sections 379, 411 and 201 IPC at Police Station Dabua, District Faridabad (Section 120-B IPC added later on).

On 12.07.2021, following order was passed by this Court:- "The case has been taken up for hearing through video-conferencing.

Learned counsel for the petitioner contends that the FIR was registered on the basis of secret information

and a raid was conducted. Co-accused Altaf was arrested along with dismantled remains of truck make HYWA, owner of which was found to be Tula Ram. The truck/trolla in question was stolen from Gwalior and FIR No.201 was lodged in Police Station Malpura, District Agra for the theft of vehicle. Petitioner has been nominated on the basis of disclosure statement of co-accused Altaf who has already been released on regular bail. Recovery, if any, to be made from the petitioner would remain debatable in view of regular bail of co-accused after grant of police remand. Notice of motion for 04.10.2021.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 17.07.2021 at 11.00 A.M. and in the event of his arrest, he shall be enlarged on interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date." Learned State counsel on instructions from HC Naveen Kumar submits that in compliance of the aforesaid order, the petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and his presence is no more required for further investigation of the case.

In the very nature of interim order dated 12.07.2021 passed by this Court, I deem it appropriate to confirm the said order. Ordered accordingly.

Petitioner shall keep on joining the investigation as and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) October 04, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No