Dunger Singh v. State Of Haryana

CRM-M-23730-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23730-2019 (O & M) Date of Decision:18.10.2019 Dunger Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. K.V. Singh, Advocate for the petitioner.

Mr. Sanjay Kumar Saini, AAG, Haryana.

*** MANOJ BAJAJ, J.

This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.05 dated 12.01.2019 under Section 15 of the NDPS Act, 1985, registered at Police Station Odhan, District Sirsa. The petitioner apprehended his arrest at the hands of Police.

Learned counsel for the petitioner has invited the attention of the Court to the order dated 23.05.2019 whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:- "Learned counsel for the petitioner contends that the alleged recovery of contraband was effected from an open place accessible to everyone and the petitioner was not found at the spot. It is further contended that at the instance of the petitioner an FIR No.140 dated 05.05.2007 under Sections 7/13/49/88 of the Prevention Sheetal Gawri 2019.10.19 13:22 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-23730-2019 (O & M) -2of Corruption Act, 1988 was registered against one Bahadar Singh, Head Constable, Police Station City Dabawali, who indicted the petitioner in this case falsely. According to learned counsel for the petitioner, he was attending his ailing son, who was admitted in the hospital at Bhatinda.

Notice of motion for 18.10.2019.

In the meanwhile, petitioner shall join the investigation and would come present as and when called for and in the event of arrest, he shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.

Learned State counsel on instructions from ASI Dharambir Singh does not dispute this fact that the petitioner has joined the investigation. He further states that the petitioner is not required for custodial interrogation for the time being.

Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 23.05.2019 is made absolute. 18.10.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.10.19 13:22 I attest to the accuracy and integrity of this document Chandigarh