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High Court of Punjab and HaryanaCRM-M/33866/2023allowed

Ram Kumar v. State Of Haryana

2023-07-17Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:089004 CRM-M-33866-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33866-2023 Date of Decision: 17.07.2023 Ram Kumar ...... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Sanjeev Kumar Bawa, Advocate, for the petitioner.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present first petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.244 dated 25.05.2023 registered under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code, 1860, at Police Station Sector 7, District Panchkula. 2.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false and concocted. The petitioner is not involved in the crime as is alleged against him in the present case. Even as per story of the prosecution, the allegation against the petitioner is regarding attesting certain documents, which have been taken as identification documents relating to one Kulwant Singh. The petitioner had only attested the documents only after seeing the original of the same. If the same are fake then it is Kulwant Singh, who is responsible for that. The petitioner had performed his duty as a clerk of the counsel. The petitioner is not beneficiary in the entire matter to any extent. It is further submitted by the counsel for the petitioner that the petitioner is ready to join the investigation and to cooperate with the Investigating Officer as and when called by the police.

3.

Notice of motion.

4.

Mr. K.K.Chahal, Additional Advocate General, Haryana, VIRENDRA SINGH ADHIKARI 2023.07.17 19:44 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:089004 CRM-M-33866-2023 -2accepts notice on behalf of the respondent-State and vehemently opposed the petition.

5.

On the other hand, the learned State Counsel, on instructions from SI Ashish, has submitted that the petitioner had identified the main accused Kulwant Singh. Therefore, his complicity in the act is very much visible. However, it is not disputed that the petitioner has only attested the documents and that he is not directly beneficiary of the documents involved in the case.

6.

In view of the above, but without commenting upon merits of the case, the present petition is disposed of by granting concession of anticipatory bail to the petitioner. Therefore, it is directed that in case of his arrest, the petitioner shall be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of Arresting/Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

(RAJBIR SEHRAWAT) JUDGE 17.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.07.17 19:44 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh