Kamal Kant And ANR v. State Of Haryana

2023:PHHC:128566 CRA-S-2185-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRA-S-2185-2023 (O&M) Date of decision: October 04, 2023 Kamal Kant and another ....Appellants versus State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. G.S. Sandhu, Advocate for appellants.

Mr. Karan Garg, AAG Haryana.

***** ARUN MONGA, J. (ORAL) Status report by way of an affidavit dated 03.10.2023 has been tendered, in course of hearing, by learned State counsel, which is taken on record. 2.

Appeal herein is for setting aside impugned order dated 04.08.2023 passed by learned Additional Sessions Judge, Karnal, whereby application for grant of anticipatory bail of the appellants in case FIR No.162 dated 15.07.2023, registered under Section 506 of the Indian Penal Code, 1860 (for short 'IPC') and Section 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act'), at Police Station, Munak, Karnal has been declined. 3.

Learned counsel for the appellants submits that pursuant to earlier order dated 16.08.2023 passed by this Court, appellants have joined the investigation and have fully cooperated in the same.

4.

Learned State counsel, per his instructions from SI Manoj Kumar, submits that appellants have joined investigation and in view of cooperation rendered by them, no custodial interrogation of appellants is required. 5.

In view of the above, since custodial interrogation of appellants is no more required, and they have already joined investigation and cooperated with the investigating officer, present petition is allowed. Impugned order dated 04.08.2023 passed by learned VANDANA 2023.10.05 10:35 I attest to the accuracy and integrity of this document

2023:PHHC:128566 CRA-S-2185-2023 (O&M) Additional Sessions Judge, Karnal is set aside. Order dated 16.08.2023 is made absolute, subject to petitioner's complying with provisions under Section 438(2) Cr.P.C. 5.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE October 04, 2023 shalini/ mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.10.05 10:35 I attest to the accuracy and integrity of this document