High Court of Punjab and HaryanaCRM-M/26238/2021disposed of

Madan Lal v. State Of Haryana

2021-08-12Mr. Justice Arun Palli2 pages

CRM-M No.26238 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.26238 of 2021 Date of Decision :12.08.2021 Madan Lal ......Petitioner

Versus

State of Haryana ...... Respondent CORAM: HON'BLE MR.JUSTICE ARUN PALLI, JUDGE Present :

Mr. Gurmohan Singh Bedi, Advocate for the petitioner. Mr. Bhupender Singh, DAG, Haryana (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) ARUN PALLI, J.

(Oral) :

Vide this petition under Section 438 of Cr.P.C. the petitioner prays for an anticipatory bail in FIR No. 1232 dated 09.11.2019, under Section 379 and 120-B of IPC, registered at Police Station Thanesar City, District Kurukshetra.

Upon hearing the learned counsel for the petitioner this court vide order dated 09.07.2021 had released the petitioner on interim bail:- "Case taken up through video conferencing.

The petitioner is seeking anticipatory bail in FIR No.1232 dated 09.11.2019, under Sections 379 IPC, registered at Police Station Thanesar City, District Kurukshetra.

Learned counsel for the petitioner contends that it is alleged that truck Tata 207 had been intercepted and impounded by the Excise Officials. It was taken to the office of ETO where the driver took away the truck unauthorisedly. He, however, contends that although the DEEPAK KUMAR 2021.08.13 10:50 I attest to the accuracy and integrity of this document

CRM-M No.26238 of 2021 petitioner was earlier the owner of the truck but he had sold the same to another person on 30.01.2021. The petitioner, who is 60 years of age, is not involved in any criminal case.

Issue notice to the respondent.

At the asking of the Court, Mr. Deepak Bhardwaj, DAG, Haryana accepts notice on behalf of the respondentState. List on 11.08.2021.

In the meantime, petitioner is directed to appear before the Investigating Officer and join investigation. In the event of his arrest, the Investigating Officer/Arresting Officer shall release the petitioner on adinterim bail subject to his/her satisfaction. The petitioner shall remain bound by the conditions envisaged under Section 438(2) Cr.P.C."

Learned State counsel, on the instructions from SI Harjinder Singh, submits that pursuant to the order dated 09.07.2021 (ibid) the petitioner has since joined the investigation and cooperating with Investigating Agency, he is not required for any further custodial interrogation.

In the wake of the above and as also the challan is yet to be filed, there is hardly any possibility of the trial being concluded in the immediate future. Accordingly, the order dated 09.07.2021 is made absolute.

The petition is accordingly disposed of.

(ARUN PALLI) JUDGE 12.08.2021 deepak Whether speaking/reasoned Yes/No Whether reportable Yes/No DEEPAK KUMAR 2021.08.13 10:50 I attest to the accuracy and integrity of this document