Anand v. State Of Haryana

N.C. No.2023:PHHC:124886

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-39718-2023 (O&M) Date of decision: 21.09.2023 ANAND ....Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Ms. Urvashi Singh, Advocate for the petitioner. Mr. Surender Singh, AAG Haryana.

Mr. Rajesh K. Dhankar, Advocate for Mr. Sanyam Malhotra, Advocate for the complainant. ***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 19.07.2023 506, 34 IPC Bahalgarh, District Sonipat 2.

It is submitted by learned counsel for the petitioner that petitioner has joined the investigation in compliance to the order dated 11.08.2023 passed by this Court.

3.

Learned State counsel has placed on record the reply in the form of affidavit of Assistant Commissioner of Police, Rai, Sonipat dated 20.09.2023 to submit that in compliance to the order dated 11.08.2023, the petitioner has already joined the investigation and is no more required for further investigation nor he is required for any custodial interrogation in this case. SANDAL SHARMA 2023.09.25 12:53 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:124886 CRM-M-39718-2023 (O&M) -24.

Learned counsel for the complainant, however, has opposed the bail. 5.

After considering the rival contentions and perusing the record, it transpires that in compliance to the order dated 11.08.2023, the petitioner has already joined the investigation and as intimated by learned State counsel, he is not required for further investigation nor he is required for any custodial interrogation and the criminal liability, if any, of the petitioner would be determined after the completion of trial.

6.

Accordingly, interim bail granted vide order dated 11.08.2023 is hereby confirmed in the present FIR No.234 dated 19.07.2023 under Sections 506, 34 IPC at Police Station Bahalgarh, District Sonipat, subject to conditions as envisaged under Section 438(2) Cr.P.C, that the petitioner will come and join the investigation as and when so required; will not tamper with the evidence and will not leave the country without prior permission and will appear in Court on each and every date of hearing.

7.

The petition stands allowed.

(SANJIV BERRY) JUDGE 21.09.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.09.25 12:53 I attest to the accuracy and authenticity of this order/judgment