High Court of Punjab and HaryanaCRM-M/23659/2019disposed of

Tarsem Singh v. State Of Haryana

2019-11-05Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-23659 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23659 of 2019 Date of decision: 05.11.2019 Tarsem Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. J.K Singla, Advocate for the petitioner.

Mr. Ashish Sanghi, DAG, Haryana.

HARINDER SINGH SIDHU, J.

Prayer is for grant of anticipatory bail in case FIR No.143 dated 20.04.2019 under Section 15 of NDPS Act, 1985 registered at P.S Sadar, District Fatehabad.

Allegations in the FIR are that on 20.04.2019, ASI Sumer Singh along with other police officials was on patrolling duty. A Swift Dezire Car was intercepted, the driver whereof disclosed his name as Inderjeet Singh @ Fauji while the person sitting on the adjoining seat of the driver managed to flee away. Two bags containing 19 kg each poppy straw were recovered. Co-accused Inderjeet Singh in his disclosure statement named the petitioner as the person, who had assisted him in the commission of crime.

Vide order dated 23.05.2019, this Court while granting the concession of interim anticipatory bail directed the petitioner to join investigation.

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

Learned State counsel has filed a reply by way of affidavit of MANOJ KUMAR 2019.11.06 09:32 I attest to the accuracy and integrity of this document

CRM-M-23659 of 2019 #2# DSP, City Fatehabad stating that there are five other cases registered against the petitioner. As per the affidavit, three of the cases were under the Gambling Act in which the petitioner has been convicted and only fine has been imposed. In case FIR No.374 dated 24.06.2015 registered under Section 15 of NDPS Act at P.S Rattia, the petitioner has been acquitted of the charges while case FIR No.406 dated 15.07.2016 registered under the NDPS Act and Sections 147,149,186,332,353,224,225 IPC at P.S Rattia is pending which is under trial.

Considering the circumstances of the instant case and in the light of petitioner having joined investigation, the petition is allowed. The order dated 23.05.2019 granting interim anticipatory bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by the conditions of Section 438 (2) Cr.P.C.

November 05, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.11.06 09:32 I attest to the accuracy and integrity of this document