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High Court of Punjab and HaryanaCRM-M/37307/2023allowed

Inder Mohan v. State Of Haryana And Another

2023-11-15Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-37307-2023 -12023:PHHC:145724 219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37307-2023 Decided on : 15.11.2023 Inder Mohan ...... Petitioner

Versus

State of Haryana and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. S.K.Yadav, Advocate for Mr. P.S.Jammu, Advocate for the petitioner.

Mr. Rahul Mohan, Sr. DAG, Haryana.

**** Manjari Nehru Kaul, J.

The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No.70 dated 17.01.2023 registered under Section 174-A IPC at Police Station Civil Lines, Sirsa District Sirsa.

2.

Learned counsel for the petitioner contends that the petitioner was declared a Proclaimed Offender in a complaint case filed under Section 138 of Negotiable Instruments Act titled as "The Sirsa Central Cooperative Bank Ltd. vs. Inder Mohan" vide trial Court's order dated 06.12.2022. Despite the petitioner appearing before the Court on 08.12.2022 and also being extended the concession of bail, the proclamation order was not withdrawn. Resultantly, the FIR in question came to be registered against him under Section 174-A IPC. 3.

Learned counsel submits that in compliance of order dated 02.08.2023, passed by this Court, the petitioner has joined the investigation and SONIA BURA 2023.11.17 11:05 I attest to the accuracy and integrity of this document

CRM-M-37307-2023 -22023:PHHC:145724 cooperated with the investigating agency; the interim order be thus, made absolute.

4.

Learned State counsel on instructions has not disputed the submissions made by the counsel opposite and has also not controverted that the petitioner has joined the investigation and cooperated with the investigating agency. Learned State counsel on further instructions submits that the custodial interrogation of the petitioner is thus, not required. 5.

In view of the above, the petition is allowed and interim order dated 02.08.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE 15.11.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.11.17 11:05 I attest to the accuracy and integrity of this document