← Library
High Court of Punjab and HaryanaCRM-M/46233/2021allowed

Hoshiyar Singh v. State Of Haryana

2022-03-24Mr. Justice Harnaresh Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 24.03.2022 Hoshiyar Singh

...Petitioner

Versus

   .....Respondent 

    

                          

  

              Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.382 dated 22.09.2021, registered under Section 408 IPC, at Police Station City Jhajjar, District Jhajjar. Vide order dated 03.11.2021 passed by this Court, the petitioner had been granted ad interim pre-arrest bail and directed to join investigation. A relevant extract of the order dated 03.11.2021 would read as under:

"   

    

 

    

 



       

   !

    ""#$%#"$"

        &       # '('$$$)*  

     

 + &,!     &       !

 !

# 

 

/2/   -

!      + &, 

    !           &    ! 

 

  #  

  

            

           

 & .

 !    

 #  

     & 

  - - -      &# /    # 0   &     1   #    &  2 1   ##3#4    

  *2#  4  &          

 #   $5#$"#"$""# !             -   

   

       

  - 

)   0

 

          

-     2   6'(7"8     1    1

9  # 4 !-   ! +       

          -    !  #:

! 

   

"# 

    $%&&'$'&

"

     (      Learned State counsel, on instructions from ASI Jitender, submits that although the petitioner has joined investigation, yet the money is to be recovered from him.

/3/ However, this Court cannot allow the Investigating Agency to become a recovery agent.

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) Cr.P.C.      

  

#    )    *   + , *- )   "+ , *-