Mahesh v. State Of Haryana

CRM-M-33185-2023 2023:PHHC:124096

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-33185-2023 (O&M) Date of decision: 21.09.2023 Mahesh ..Petitioner

Versus

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

Present:

Mr. Rajender Kumar, Advocate for Mr. MS Tewatia, Advocate for the petitioner.

Mr. Baljinder Singh Virk, Sr. DAG, Haryana.

*** AMAN CHAUDHARY, J.

1.

On 21.07.2023, 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 FIR No.235 dated 09.06.2023, registered under Section 379 read with 34 IPC at Police Station Gadpuri, District Palwal.

Learned counsel contends that there is a delay of 8 days in lodging of the FIR. The same has been registered on a mere suspicion of the complainant that the petitioner had committed the theft of his electric motor, as someone had seen the accusedpetitioner along with one Krishan son of Savir consuming liquor on a previous evening in the fields. He has been falsely implicated in the present FIR. Though, there are other FIRs against the petitioner, however, he is on bail. 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. Jagdish Manchanda, Addl. AG, Haryana accepts notice on behalf of respondent-State. Meanwhile, the petitioner is directed to join the investigation on or before 01.08.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of 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 21.09.2023."

ASHOK KUMAR 2023.09.22 11:11 I attest to the accuracy and integrity of this document

CRM-M-33185-2023 2023:PHHC:124096 2.

Learned counsel submits that in pursuance of the afore-mentioned 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 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 any 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 21.07.2023 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 ) 21.09.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.09.22 11:11 I attest to the accuracy and integrity of this document