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High Court of Punjab and HaryanaCRM-M/31030/2023allowed

Dilshad v. State Of Haryana

2023-10-20Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:137332 CRM-M-31030-2023 Date of decision: October 20th, 2023 Dilshad .....Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Nafees Ahmand Khan, Advocate for the petitioner.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.144 dated 01.06.2023 under Sections 13(1), 13(2) of Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (later on Sections 5, 17 of Haryana Gauvansh Sanrakshan and Gauvansh Sanrakshan and Gausamvardhan Act, 2015 were added), registered at Police Station Bhondsi, District Gurugram.

2.

Vide order dated 14.07.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot along with the cattle. He further submits that it is thus, evident that a false case has been planted upon him." 3.

Learned counsel for the petitioner submits that in compliance of order dated 14.07.2023, the petitioner has joined PUNEET SACHDEVA 2023.10.20 16:16 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-31030-2023 -2investigation and cooperated with the investigating agency. 4.

Learned State counsel does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5.

In view of the above, the petition is allowed and interim order dated 14.07.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 20th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.10.20 16:16 I attest to the accuracy and integrity of this document.

Chandigarh