← Library
High Court of Punjab and HaryanaCRM-M/46298/2017allowed

Sahoon v. State Of Haryana

2018-07-11Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46298-2017 Date of decision: 11.07.2018 Sahoon

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Saurabh Sharma, Advocate for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Baljeet Beniwal, Advocate, for the complainant.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 88 dated 07.08.2017 registered under Section 8 of POCSO Act read with Section 506 IPC at Police Station Nuh, District Nuh.

This Court was pleased to pass the following order on 06.12.2017 :- "Learned counsel for the petitioner inter alia contends that the FIR under Section 8 of the POCSO Act is not sustainable. It is argued that a reading of the FIR would reveal that there has been no sexual assault as defined under Section 7 of the said Act.

Notice of motion for 21.03.2018.

Meanwhile, in the event of arrest, the petitioner be Satyawan 2018.07.12 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-46298-2017 -2released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner .

Since the petitioner has joined the investigation, the instant petition is allowed and interim order dated 06.12.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.

11.07.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.07.12 11:11 I attest to the accuracy and authenticity of this document High Court Chandigarh