Ram Lal @ Paras @ Pari v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38086-2020 (O&M) Date of Decision:-24.3.2021 Ram Lal @ Paras @ Pari ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aakash Juneja, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Mahender Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of ancitipatory bail in respect of a case registered vide FIR No.70 dated 7.2.2020 at Police Station Pehowa, District Kurukshetra under Sections 307, 120-B and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion the following order was passed on 18.11.2020:

" The learned counsel for the petitioner contends that the petitioner is nowhere named in the FIR and that the only two persons named therein are Amarjit @ Rinku @ Topi and Yogesh Mittal. Notice of motion for 24.3.2021.

PANKAJ KAKKAR 2021.03.24 18:42 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38086-2020 (O&M) 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 Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 3.

The learned State counsel, upon instructions from ASI Mahender Singh, 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. The learned State counsel has not disputed the fact that the petitioner is nowhere named in the FIR and that his name cropped-up subsequently in the statement of co-accused during the course of interrogation.

4.

Keeping in view the aforestated position, wherein the petitioner is nowhere named in the FIR and it is only Amarjit @ Rinku @ Topi and one Yogesh Mittal, who are named therein and while noticing that the petitioner has already 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 18.11.2020 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 and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 24.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.03.24 18:42 I attest to the accuracy and integrity of this document