Surender Kumar v. State Of Haryana

2024:PHHC:006456 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33373-2023 (O&M) Date of Decision:-18.1.2024 Surender Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aditya Sanghi, Advocate and Mr. Saurabh Sharma, Advocate for the petitioner. Mr. Munish Sharma, DAG, Haryana, assisted by ASI Jitender.

***** FIR No.

Dated Police Station Section/s 3.10.2021 City Narnaul, District Mahendergarh, Haryana 148/149/365/387/120-B of IPC and Section 25 of Arms Act 54 of 1959 GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 14.7.2023:

"Learned counsel for the petitioner contends that as per allegations, 05 persons namely, Vikram @ Balru, Amit @ Monu, Sukhdeep, Pela and Panday abucted the complainant and threatened him to vacate the immovable property and all those accused except one namely, Pela, have been arrested, but subsequently on the disclosure statement suffered by Vikram @ Balru, that on the asking of the petitioner, he alongwith his associates had gone to Pankaj Kakkar 2024.01.19 13:50 I attest to the accuracy and authenticity of this document

CRM-M-33373-2023 (O&M) ( 2 ) 2024:PHHC:006456 take the possession, the petitioner has been implicated that the case. He submits that in these given facts, the custodial interrogation of the petitioners may not be necessary. Notice of motion for 13.09.2023.

In the meanwhile, the petitioners shall join the investigation and would come present as and when called for and in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the conditions as specified under Section 438(2) Cr.P.C." 3.

Subsequently, vide order dated 13.9.2023, the petitioner was again directed to join investigation as the learned State counsel had submitted that the petitioner was still required for further investigation. To a similar effect is the order dated 30.10.2023.

4.

Learned State counsel, upon instructions from ASI Jitender, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 5.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 14.7.2023 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 18.1.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.01.19 13:50 I attest to the accuracy and authenticity of this document