Krishan Kumar v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-38984-2020 (O&M) Date of Decision:-1.11.2021 Krishan Kumar ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Chanderhas Yadav, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

***** 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.141 dated 2.7.2020 at Police Station Nathusiri Chopta, District Sirsa under Section 22(b) of Narcotic Drugs & Psychotropic Substances Act.

2.

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

"It is the case of prosecution that 3 persons namely Balwinder @ Bijender, Bablu and Sukhwinder @ Sukha were apprehended by the police who were found in possession of 280 capsules of 'PARVORIN-SPAS' (Tramadol). It is further the case of prosecution that during the course of Interrogation the aforesaid PANKAJ KAKKAR 2021.11.01 19:01 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-38984-2020 (O&M) persons suffered disclosure statement to the effect that they had procured the aforesaid contraband from the petitioner. Notice of motion for 20.4.2021.

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 Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel, upon instructions from Investigating Officer, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case.

4.

Bearing the aforesaid facts and circumstances in mind, particularly, the fact that the petitioner has been nominated on the basis of a disclosure statement and has since joined investigation and is not even stated to be involved in any other case, 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. 1.11.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.11.01 19:01 I attest to the accuracy and integrity of this document