High Court of Punjab and HaryanaCRM-M/991/2017allowed

Sandeep v. State Of Haryana

2017-05-04Mrs. Justice Raj Rahul Garg2 pages

CRM-M-991-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-991-2017 (O&M) Date of Decision:- 04.05.2017 Sandeep ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

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

Mr. Himmat Singh, DAG, Haryana.

**** RITU BAHRI, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner, in a case arising out of FIR No.716 dated 27.10.2016, registered at Police Station Sadar Bhiwani, District Bhiwani, who has been booked for having committed the offences punishable under Sections 304-B, 498-A and 34 IPC.

Learned counsel for the petitioner submits that wife of the petitioner had committed suicide when he was posted at Sri Nagar in Army and the petitioner was managing his parents and wife after getting salary of `30,000/-.

During the course of hearing on 01.03.2017, the reply by way of affidavit of Vijay Deswal, DSP, Bhiwani, has been filed by learned State and the same was taken on record. Thereafter, the interim bail was granted Naresh Kumar 2017.05.08 15:46 I attest to the accuracy and integrity of this document Chandigarh to the petitioner to enable him to join the investigation.

CRM-M-991-2017 (O&M) -2As per reply, during the course of verification, enquiry was got conducted from Commandant 3rd Battalion, Indo-Tibet Border Police (ITBP), petitioner was serving as Constable in 3rd Battalion and he was deployed on 01.10.2016 on Amar Nath Yatra security duty in Jammu and Kashmir. Further, after the death of his wife, he was granted 30 days earned leave on 27.10.2016 (forenoon). During the inquiry carried out from Vistara Airlines, New Delhi also it has been found that the petitioner had travelled by air from Sri Nagar to New Delhi on 27.10.2016. Today, learned State counsel, on instructions from the investigating officer, has informed that the investigation in the present is completed and the custodial interrogation of the petitioner is not required at this stage.

In view of the totality of the facts and circumstances of the case, order dated 01.03.2017, passed by this Court whereby the ad-interim anticipatory bail was granted to the petitioner is made absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions as envisaged under Section 438 (2) Cr.P.C.

Accordingly, the petition stands disposed of. May 04, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.05.08 15:46 I attest to the accuracy and integrity of this document Chandigarh