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High Court of Punjab and HaryanaCRM-M/46477/2021allowed

Ravinder Singh v. State Of Haryana

2022-10-12Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46477-2021 (O&M) Date of decision: 12.10.2022 RAVINDER SINGH

...Petitioner

Versus

STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Amit Chaudhary, Advocate for Mr. Ivneet Singh Pabla, Advocate for the petitioner.

 

  Mr. Shakti Mehta, Advocate for the complainant.

HARNARESH SINGH GILL , J.

(ORAL) Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.301 dated 01.10.2021, registered under Sections 420, 406, 506 and 120-B IPC, at Police Station Section-17, HUDA, Jagadhri.

Status report by way of an affidavit dated 24.09.2022 of the Deputy Superintendent of Police, Radaur (Yamuna Nagar), filed on behalf of the respondent-State, in the Court, is taken on record. Vide order dated 03.11.2021 passed by this Court, the petitioner had been granted ad interim pre-arrest bail and directed to join the investigation.

Learned counsel for the petitioner submits that pursuant to the aforesaid order, the petitioner has joined the investigation five times. AMAN JAIN 2022.10.14 13:50 I attest to the accuracy and authenticity of this order/judgment

CRM-M-46477-2021 (O&M) -2Learned State counsel, while relying upon para 3 of the aforesaid status report, submits that though the petitioner has joined the investigation, yet he is not cooperating, inasmuch as, some recovery is yet to be effected by/from him.

Upon this, learned counsel for the petitioner submits that the prosecution agency in the present case, is acting as a recovery agent and such process cannot be allowed to be adopted being legally untenable. I have heard the learned counsel for the parties. In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 03.11.2021 granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

12.10.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No AMAN JAIN 2022.10.14 13:50 I attest to the accuracy and authenticity of this order/judgment