High Court of Punjab and HaryanaCRM-M/26691/2022allowed

Samim v. State Of Haryana

2022-09-20Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26691-2022 Decided on : 20.09.2022 Samim . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Munfaid Khan, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Sections 420, 467, 468, 471, 120-B of IPC, in a case arising out of FIR No. 242, dated 24.09.2021, registered at Police Station City Nuh, District Nuh (Annexure P-1).

On 16th June, 2022, following order was passed by the coordinate Bench of this Court:- "Counsel for the petitioner, inter alia, submits that the petitioner is involved in the present FIR on account of having forged the Driving License and now he is willing to join the investigation and cooperate with the Investigating Agency to point out the source from where the chip was obtained. Notice of motion.

Mr. Pankaj Mulwani, DAG, Haryana accepts notice on behalf of the respondent-State and prays for time to have instructions.

JAWALA RAM 2022.09.20 18:57 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-26691-2022 - 2 - On his request, adjourned to 20.09.2022.

In the meantime, it is directed that the petitioner shall join investigation and in the event of his arrest, he shall be released on ad interim bail by the Investigating Officer. The petitioner shall join investigation as and when required and shall comply with the conditions laid down under Section 438(2) Cr.P.C. " Learned counsel for the petitioner contends that in compliance of the order dated 16.06.2022, passed by the coordinate Bench of this Court, the petitioner has joined the investigation.

Learned counsel for the State on instructions from SI Bharat Singh, confirms the said averment and submits that the custodial interrogation of the petitioner is not required for the purpose of investigation. Heard learned counsel for the parties.

Since the petitioner has joined the investigation and his custodial interrogation is not required, the present petition is allowed and the adinterim order dated 16.06.2022 is made absolute. However, the petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

Petition is disposed of.

(SANJAY VASHISTH) JUDGE September 20, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.09.20 18:57 I attest to the accuracy and authenticity of this order/judgment.