Ashok Kumar v. State Of Haryana

CRM-M-23091-2023 2023:PHHC:088899

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23091-2023 (O&M) Date of decision: 17.07.2023 Ashok Kumar ..Petitioner

Versus

State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Sonu Ram, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana.

*** AMAN CHAUDHARY, J.

1.

On 17.05.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.85 dated 23.03.2023, registered under Sections 20-A and 21-B of the NDPS Act at Police Station Kalayat, District Kaithal.

Learned counsel contends that the name of petitioner has surfaced based on disclosure statement of coaccused Vikram from whom 22.70 grams of charas was recovered. He is not involved in any other case under the NDPS Act. He relies on the judgment passed by Hon'ble The Supreme Court in Tofan Singh vs. State of Tamil Nadu, 2021 (1) RCR (Criminal) 1. He is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Jagdish Manchanda, Additional AG Haryana accepts notice on behalf of respondent-State.

Meanwhile, the petitioner is directed to join the investigation on or before 22.05.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the conditions as enshrined under Section 438(2) Cr.P.C.

ASHOK KUMAR 2023.07.17 19:25 I attest to the accuracy and integrity of this document

CRM-M-23091-2023 2023:PHHC:088899 However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated. Adjourned to 17.07.2023."

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from SI Rampal affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 17.05.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

( AMAN CHAUDHARY ) 17.07.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.07.17 19:25 I attest to the accuracy and integrity of this document