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High Court of Punjab and HaryanaCRM-M/28025/2023allowed

Amit v. State Of Haryana

2023-08-08Mr. Justice Aman Chaudhary2 pages

CRM-M-28025-2023 2023:PHHC:102549 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-28025-2023 Date of decision: 08.08.2023 Amit ....Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. U.K. Agnihotri, Advocate with Mr. Anshul Agnihotri, Advocate, for the petitioner. Mr. Baljinder Singh Virk, Sr. DAG, Haryana.

***** AMAN CHAUDHARY. J.

1.

On 31.05.2023, this Court had passed the following order:- "The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.202 dated 17.04.2023, registered under Sections 379-B, 34 IPC at Police Station Kharkhoda, District Sonipat. Learned counsel contends that the name of the petitioner had surfaced based on disclosure statement of co-accused as per which the empty bottle was hit by co-accused Sachin to the complainant Vijender, whose motorcycle was also allegedly snatched by co-accused Sachin and Ritesh. There is no overt act attributed to the petitioner. He is also not involved in any other case and is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Jagdish Manchanda, Additional AG Haryana accepts notice on behalf of respondentState. Meanwhile, the petitioner is directed to join the investigation on or before 05.07.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 08.08.2023."

Ankur Goyal 2023.08.10 19:38 I attest to the accuracy and integrity of this order/judgment

CRM-M-28025-2023 2023:PHHC:102549 --2-- 2.

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has not only joined investigation but has also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from ASI Parveen affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. He also submits that at this stage, the petitioner is not required for further custodial interrogation. 4.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the order dated 31.05.2023 granting interim bail to him, is hereby made absolute, subject to compliance of conditions as specified under Section 438(2) Cr. P.C 5.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to him.

(AMAN CHAUDHARY) JUDGE 08.08.2023 Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.08.10 19:38 I attest to the accuracy and integrity of this order/judgment