Sukhvinder @ Sukha v. State Of Haryana

CRM-M-30513-2023 2023:PHHC:113363

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30513-2023 Date of decision: 29.08.2023 Sukhvinder @ Sukha ..Petitioner

Versus

State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Narender Kaajla, Advocate for the petitioner. Mr. Baljinder Singh Virk, Sr. DAG, Haryana.

*** AMAN CHAUDHARY, J.

1.

On 21.06.2023, this Court had passed the following order:- "Status report by way of an affidavit of Deputy Superintendent of Police, Fatehabad has been filed in Court today. As per the same, four other cases stand registered against present petitioner but none of them is under the NDPS Act.

Admittedly, the petitioner was named by the main accused Gurjinder Singh from whom 6 grams of heroin is alleged to have been recovered. At this stage, there is no other evidence against the petitioner in the present case.

List on 29.8.2023.

In the meantime, the petitioner is directed to join investigation. In the event of arrest, he shall be released on interim bail to the satisfaction of the Arresting/Investigating Officer, subject to compliance of the provisions of Section 438 (2) Cr.P.C."

2.

Learned counsel submits that in pursuance of the aforementioned order, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in Ankur Goyal 2023.08.31 09:38 I attest to the accuracy and integrity of this order/judgment

CRM-M-30513-2023 2023:PHHC:113363 case the investigating agency requires the petitioner to appear, he shall make himself available without demur.

3.

Learned State counsel on instructions from ASI Dinesh Kumar 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 21.06.2023 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 ) 29.08.2023 JUDGE Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Ankur Goyal 2023.08.31 09:38 I attest to the accuracy and integrity of this order/judgment