Sunil Kumar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-8.5.2024 Sunil Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Goyat, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana.

***** FIR No.

Dated Police Station Under Section/s 21.3.2020 Alewa, District Jind 120-B, 406, 420 of Indian Penal Code, wherein offences under Sections 466, 467, 468, 471 and 201 of IPC were added later on.

GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of the aforementioned FIR.

2.

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

"The allegations, in nutshell, are that Jaibeer, Salim and Manoj used to prepare bogus documents in respect of persons suffering from Cancer so as to get them insured and when such terminally ill persons died, their death used to be projected as an unnatural

( 2 ) death and thus huge claims were claimed from insurance companies.

Learned counsel submits that the petitioner is nowhere named in the FIR and came to be nominated subsequently on the basis of disclosure statement. It has further been submitted that several other cases with identical allegations were also lodged wherein also the petitioner was named but in all other cases the petitioner has been granted bail.

Learned counsel has further submitted that the petitioner had earlier moved a petition i.e. CRM-M-4902-2021 seeking grant of bail in this very FIR, wherein he had been granted interim bail vide order dated 11.2.2021 (Annexure P-4), but subsequently upon arrest of the petitioner in connection with another FIR, he chose to withdraw the said petition which was dismissed as withdrawn vide order dated 10.02.2022 (Annexure P-6). Learned counsel submits that the petitioner is sought to be harassed intentionally and that once it was very much in the knowledge of the police that the petitioner is behind bars in connection with another case he could have very conveniently been associated with investigation in the present case as well. Notice of motion for 11.01.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions issued by this Court on

( 3 ) 14.7.2023, the petitioner has since joined investigation and he is not required for any custodial interrogation.

4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the 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. 8.5.2024 ( Gurvinder Singh Gill ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No