Mubarik v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.39601 of 2024 Date of decision: 02.12.2024 Mubarik ....Petitioner V/s State of Haryana ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Arjun Atri, Advocate, for the petitioner.

Mr. Rahul Mohan, Sr. DAG, Haryana.

***** MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case FIR No.24 dated 20.01.2018 under Section 13 (2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 as well as Section 420, 467, 468 and 471 of the Indian Penal Code, 1860, registered at Police Station Dharuhera, District Rewari.

2.

On the last date of hearing on 14.08.2024, while noticing the following submissions made by the learned counsel for the petitioner, this Court had granted the concession of interim bail to the petitioner and asked him to join investigation:- "Learned counsel for the petitioner, inter alia, contends that the only role attributed to the petitioner is of having changed the chasis number of the vehicle in which the POONAM RATHORE 2024.12.03 16:26 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M No.39601 of 2024 -2cows were allegedly being transported. Learned counsel submits that the petitioner was not even seated in the vehicle, which was allegedly transporting cattle and was apprehended pursuant to a secret information."

3.

Learned counsel for the petitioner submits that in compliance of order dated 14.08.2024, the petitioner has joined investigation and cooperated with the investigating agency.

4.

Learned State counsel, on instructions from ASI Sunil, 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 14.08.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

(MANJARI NEHRU KAUL) December 02, 2024 JUDGE poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.03 16:26 I attest to the accuracy and authenticity of this document High Court Chandigarh