Dharam Pal v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38965-2020 (O&M) Date of Decision:-10.3.2021 Dharam Pal ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parveen Mehta, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by SI Ramesh Chand.

(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.428 dated 18.8.2020 at Police Station Sadar Thanesar, District Kurukshetra under Section 120-B of Indian Penal Code and Section 61-1(VI)-20 of Punjab Excise Act, 1914. 2.

At the time of issuance of notice of motion on 25.11.2020, the following order was passed:

" The learned counsel for the petitioner contends that it is the case of recovery of 40 boxes of beer which were being transported in a vehicle bearing registration No.HR-07AC-9148 driven by one Vijay PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38965-2020 (O&M) Kumar. It has been submitted that the petitioner came to be nominated as an accused subsequently as the vehicle in question was registered in his name. The learned counsel has submitted that in any case there was a valid licence for transporting beer and as such the petitioner deserves the concession of bail.

Notice of motion for 10.03.2021.

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 SI Ramesh Chand, 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 25.11.2020 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.

10.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether reasoned/speaking Yes / No Whether reportable Yes / No PANKAJ KAKKAR 2021.03.10 18:49 I attest to the accuracy and integrity of this document