Gurjant Singh v. State Of Haryana

CRM-M No.54141 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.54141 of 2018 Decided on: 05.02.2019 Gurjant Singh ....Petitioner

Versus

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

Mr. Sumit Dua, 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.592 dated 04.11.2018, registered under Section 295-A IPC at Police Station Shahabad, Kurukshetra, District Kurukshetra. The operative part of the order dated 10.12.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that mobile No. 98127-14928, from where the alleged news was uploaded on the Whats app group, belongs to coaccused Salinder @ Surender, who was arrested and was granted regular bail, vide order dated 03.12.2018, passed by the Additional Sessions Judge, Kurukshetra. Learned counsel for the petitioner further submits that the contents of the alleged message were not uploaded by the petitioner on Whats app group and he is ready to join investigation.

MOHD YAKUB 2019.02.05 16:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.54141 of 2018 Learned State counsel, on instructions from ASI Rameshwar, assisted by learned counsel for the complainant, however, submits that recovery of the mobile phone, from where the alleged material was uploaded, is to be effected from the petitioner.

In reply, learned counsel for the petitioner submits that petitioner is ready to join investigation and hand over the mobile phone to the Investigating Officer. List again on 05.02.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 10.12.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Ranjodh 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 10.12.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 05.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.05 16:51 I attest to the accuracy and authenticity of this document High Court, Chandigarh