Ramesh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 208-2 CRM-M-22514-2024 Date of decision: 07.08.2024 RAMESH KUMAR ....Petitioner V/s STATE OF HARYANA ....Respondent CORAM: HON'BLE MR. JUSTICE MANJARI NEHRU KAUL

Present:

Ms. Suman Beniwal, Advocate, for the petitioner. Ms. Trishanjali Sharma, DAG, Haryana.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.93 dated 15.03.2024 under Sections 380 of the Indian Penal Code, 1860, registered at Police Station City Fatehabad, District Fatehabad.

2.

On the last date of hearing i.e. on 06.05.2024 while noticing the following submissions made by the learned counsel for the petitioner, this Court, had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel inter alia contends that the petitioner came to be nominated as an accused in the instant case only on the basis of a disclosure statement allegedly suffered by co-accused, who had stolen wood worth 1.00 crore and thereafter, concealed it in the house of the petitioner. While drawing the attention of this Court to the allegations levelled in the FIR, it has been asserted by the learned counsel that a bare perusal of the same clearly reveals that there is no allegation levelled much less by way of a whisper, qua the petitioner having stolen the wood in question." POONAM RATHORE 2024.08.09 06:25 I attest to the accuracy and integrity of this document

CRM-M-21558-2024 -23.

Learned counsel for the petitioner submits that in compliance of order dated 06.05.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 06.05.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE August 07, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.08.09 06:25 I attest to the accuracy and integrity of this document