Manoj v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-21.12.2020 Manoj ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Jamshed Ahmed, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Shiv Parkash.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.137 dated 17.4.2020 at Police Station Kanina, District Mohindergarh (Haryana) under Sections 323, 324, 506 and 34 of Indian Penal Code, wherein offence under Section 326 IPC was added lateron.

2.

At the time of issuance of notice of motion the following order was passed: " Counsel for the petitioner inter alia contends that initially the FIR was registered under Sections 323, 324, 506 read with Section 34 of the Indian Penal Code and the petitioner along with co-accused was

( 2 ) granted regular bail by the Judicial Magistrate, Kanina vide order dated 18.4.2020. Later, offence under Section 326 of the Indian Penal Code was added in respect of injury attributed to co-accused Sunil, brother of the petitioner. He would argue that the petitioner is ready to join investigation in respect of the offence added later. Notice of motion to the Advocate General, Haryana, for 21.12.2020. Mr. Kuldeep Tewari, Additional Advocate General, Haryana appears on behalf of the State.

In the meantime, the petitioner is directed to join investigation within seven days and on his appearance before the arresting/ investigating officer, he shall be admitted to bail on his furnishing bail bonds to the satisfaction of the concerned officer subject to the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required;

(ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer; and (iii) he shall not leave India without previous permission of the Court."

3.

The learned State counsel, upon instructions from ASI Shiv Parkash, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and that his custodial interrogation is not required.

4.

In view of the aforesaid submission, the petition is accepted and the interim directions issued by this Court vide order dated 27.10.2020 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

( 3 ) and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

21.12.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No