High Court of Punjab and HaryanaCRM-M/52018/2018allowed

Yogesh Kumar @ Sonu v. State Of Haryana

2019-01-29Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.52018 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.52018 of 2018 Decided on: 29.01.2019 Yogesh Kumar @ Sonu ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Sanjeev Majra, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

ARVIND SINGH SANGWAN , J.

(Oral) The petitioner prays for grant of anticipatory bail in FIR No.104 dated 03.04.2018, registered under Sections 380 and 457 IPC (Section 411 IPC added later) at Police Station Kherki Daula, District Gurugram.

The operative part of the order dated 27.11.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that pursuant to the registration of the FIR, three persons, namely Akash Sharma @ Arjun, Kartik @ Karan and Vikas, were arrested and thereafter, one more accused Anil was arrested and in his disclosure, it has come that he has sold the stolen goods to the petitioner.

Learned counsel for the petitioner further submits that only allegation against the petitioner pertains to MOHD YAKUB 2019.01.29 16:15 I attest to the accuracy and integrity of this document

CRM-M No.52018 of 2018 Section 411 IPC and it will a debatable issue during trial whether the petitioner was aware of the fact that the goods sold to him were stolen goods.

Notice of motion for 22.01.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 27.11.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Charan Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 27.11.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 29.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.29 16:15 I attest to the accuracy and integrity of this document