Mainpal @ Pappu v. State Of Haryana

CRM-M-30687-2023 (O&M) N.C. No.2023:PHHC:098675 - 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-30687-2023(O&M) Date of decision: 01.08.2023 Mainpal @ Pappu ....Petitioner

Versus

State of Haryana

...Respondent

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

Mr. Parveen Kumar, Advocate for the petitioner Mr. Baljinder Singh Virk, Sr. DAG Haryana ***** AMAN CHAUDHARY. J.

1.

On 16.06.2023, 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.105 dated 29.05.2020, registered under Sections 307, 323, 148, 149, 325, 201 IPC and Section 25, 54 of Arms Act at Police Station Sanoli, District Panipat.

Learned counsel contends that there was a fight that took place between two groups wherein both the parties have received injuries, however, no cross DDR has been registered. As per the allegations levelled in the FIR all the accused, including the petitioner were alleged to have caused injuries to Shiv Charan and Mahipal. The co-accused who were ascribed similar roles as that to the petitioner, have already been granted anticipatory bail and regular bail, Annexures P-2 to P-6. He further submits that the petitioner 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. Dhruv Sihag, AAG Haryana accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 23.06.2023. 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 SANDAL SHARMA 2023.08.02 15:30 I attest to the accuracy and authenticity of this order/judgment

CRM-M-30687-2023 (O&M) N.C. No.2023:PHHC:098675 - 2Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 01.08.2023."

2.

Learned counsel submits that in pursuance of the aforesaid order, the petitioner has not only joined investigation but 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 SI Krishan 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 16.06.2023 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) JUDGE 01.08.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SANDAL SHARMA 2023.08.02 15:30 I attest to the accuracy and authenticity of this order/judgment