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High Court of Punjab and HaryanaCRM-M/39963/2023allowed

Surmukh Singh v. State Of Haryana

2023-10-17Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-39963-2023

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:135372 CRM-M-39963-2023 Date of decision: October 17th, 2023 Surmukh Singh .....Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Mandeep Nehra, Advocate for the petitioner.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail in FIR No.138 dated 01.07.2023 for the offences under Sections 186, 332, 353, 506, 34 IPC registered at Police Station Buria, District Yamuna Nagar.

2.

Vide order dated 17.08.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel inter alia contends that the occurrence in question allegedly took place on the night of 28.06.2023, however, it was only on 01.07.2023, i.e. after three days, the FIR in question came to be lodged wherein a twisted version was brought forth. He submits that totally false allegations had been levelled in the FIR that the petitioner had obstructed the Assistant Lineman while he was discharging his official duties, and caused him injuries as there was no MLR to support those allegations. Learned counsel further submits PUNEET SACHDEVA 2023.10.18 09:56 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-39963-2023 that the petitioner is willing to join investigation and cooperate with the investigating agency."

3.

Learned counsel for the petitioner submits that in compliance of order dated 17.08.2023, the petitioner has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Ram Kumar, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioner is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 17.08.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 17th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.10.18 09:56 I attest to the accuracy and integrity of this document.

Chandigarh